Legal Question in Landlord & Tenant Law in Georgia

Hello! I purchased a property that is occupied by tenants.

The problem is that there are two occupants who are over the age of 18 and are NOT on the current lease. Is their occupancy of the property legal?

The terms of their current lease allows for the lease to be terminated in the event the property is sold. I have given notice that I'm terminating the current lease. But I am unsure about how to address the (maybe illegal?) occupancy of the fellows who aren't listed on the current lease. How can I address this?

Any advice is appreciated. THANK YOU!


Asked on 3/29/13, 3:42 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You have to provide the appropriate notice then file a dispossessory action if they don't move. The sooner you do this (properly), the sooner you get the property. You need to have a lawyer who handles dispossessory actions to do it. It is a relatively small fee to have it done correctly. The penalty for getting even on things wrong can be several months of the tenants stay in the property rent-free, as you would be starting the process all over. If this is going to be a rental property, once you see how one is done you may be able to do it in the future (after weighing your time vs. a lawyer handling it). If you plan on living there, it is more important you have a lawyer do it correctly.

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Answered on 3/30/13, 5:26 am


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