Legal Question in Real Estate Law in Georgia

Dispossession after 30 day notice

I rent a mobile home in Georgia. Upon finding a better place to live, I gave a 30 day written notice to the manager of the park. I also informed her that my rent was going to be late due to situations that had arose. She explained to me what the late rent fee would be and I left. She did not mention i would receive a "proceeding for dispossession of tenant" tacked on my door a week later. If I have given a written 30 day notice and have agreed to pay all late fee's, why would I be forced to leave and appear in court? I have no idea of any rights I may have.


Asked on 5/12/99, 9:32 pm

1 Answer from Attorneys
Jon Gottlieb Ashenden, Flynn & Gottlieb, P.A.

Re: Dispossession after 30 day notice

First, what type of arrangement do you have? If it is a verbal month to month, your Landlord is required to give you 60 days notice. However, since you have notified your Landlord that you are leaving and that your rent is going to be late, your Landlord may attempt to argue that you are in default and you are abandoning the premises and thus are not entitled to the 60 day notice. I wouldn't worry too much because once you pay the rent (and late fee) your Landlord's claim disappears. Additionally, by the time this matter comes up for hearing, you'll probably have already moved out. However, you must file an answer with the court within 7 days of you being served with the dispossessory proceeding.

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Answered on 5/19/99, 3:11 pm


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