Legal Question in Landlord & Tenant Law in Georgia

I've been leasing a home in Dekalb Co. since 2004. The past year has been rough, and my rent has been late. I am now a month and a half behind for Oct. and Nov. My landlord has taken partial payments from me for the last 3 months. I sent a text letting her know I was going to send an additional $500 to close the gap for Oct. 09's rent. She said sorry I have to pay the two months in full or on the 7th day I will have to leave the property. At the moment, we do not have a lease between us and she raised the rent without (proper) notice. She said she send a certified letter stating she was filing a Dispossessory Warrant, of which I have not received (as of Nov. 30th 09.) Our original lease was a lease purchase, of which I was not approved for a loan, however, I gave her a $3000. deposit. Please give me some advice on my situation. I am unclear as to what my rights are in this matter. Thank you.

Asked on 11/30/09, 2:13 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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The bottom line is that you need to pay your rent. Even if you are month to month, the landlord can give you the appropriate 60 day notice of dispossessory and evict you. They don't have to accept partial payment. With respect to your deposit, no one here has the paperwork to see what happens to the deposit. You should have the paperwork and know the answer.

Answered on 12/05/09, 2:21 pm

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