Legal Question in Real Estate Law in Georgia

Re: Legal Agreement

Well it is a $64,000 question. We don't know. I researched this question both for a seminar and for a client 3 years ago. If the Tenant (T) is clearly a tenant at will, then yes 30 days is required. But what of a boarding house or a motel? That right to stay is "a mere license." No notice is required. If you don't pay the motel, they put you out. No dispo required. When does the day to day or week to week become a T at will? My opinion is that the cases are not clear. Thus, it becomes a fact question on each case concerning whether that particular T is, in fact, a "T a will" and not "a mere licensee." I do know that as a practical matter, if a T in dispo raises it as a defense, the LL will have to either deal with it or prove that the T is a licensee. Good Luck