Legal Question in Landlord & Tenant Law in Georgia

I had a year lease on a house that ended several years ago. On July 6th, my landlords informed me they'd be raising the rent this year due to increased taxes, effective Aug 1st (the 3 yr anniversary date of my lease).

In mid-Oct, they sent me notice they had sold the house (which I don't think they really did), asking me to move by Dec 30th. On Jan 2nd, after I failed to answer the door when landlord came by, she left a message threatening to call the ambulance to remove me since I wouldn't answer). Eventually the police came, and I explained to him I didn't feel like answering the door, and told landlord they would have to go through the eviction process.

-I have always paid rent on time

-Have done multiple improvements to house without ever deducting rent

-Have never forced landlords to fix lack of working electrical outlets in the kitchen since I moved in (their electrician said it would be expensive)

-Never complained about raising rent even though I was never given state required 60 notice

-Can find no records of sale or pending sale

Today, I received court summons, and am wondering if I have any defenses to eviction? I have read that the raising of rent on anniversary date effectively renews entire lease (rather than keeping it month-to-month), but don't know if it applies to Atlanta.

Any help would be appreciated, thank you!


Asked on 1/06/11, 11:04 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unless there is language in your lease to the contrary, when the lease ended you became a tenant at will, and that means you can be evicted for no reason and the rent can be raised with 60 days notice.

You received that notice in Cotober, so you had to move by December. You have to move. If you don't expect your stuff to end up on the street. Move before the court date so that doesn't happen.

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Answered on 1/11/11, 11:18 am
Scott Riddle Law Office of Scott B. Riddle, LLC

You got exactly what you wanted - an eviction lawsuit that will be on your records, for all future prospective landlords to see (not to mention all future employers, creditors, etc.). This is a lesson for others in exactly how NOT to handle this situation.

The landlord wants you out. What business is it of yours why, as long as they are following the lease and/or the law? If you wanted a longer lease, you could have discussed it with the landlords. Instead, you apparently were OK wiht month to month, until you realized it came with consequences.

No one here has the lease, or knows the notice provisions in the lease, and you did not tell us. Certainly, the landlord can evict you now or later, and they can get a judgment for unpaid rent and possibly the fees and expenses of the suit. In handling this matter so poorly and unlike a responsible adult, you may have cost yourself a huge amount of money in the several years this could be on your credit or personal history report.

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Answered on 1/11/11, 11:22 am


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