Legal Question in Real Estate Law in Georgia

non paid rent

I was just infomed that being that my rent is two days over day that if I do not pay it in 3 days i will be evicted. I would like to know what the georgia state law is about that. My lease does not state how many days that rent must be overdue before i can be evicted. I just lost my job and my boyfriend starts work in 2 days.

Please help.


Asked on 12/07/01, 12:29 pm

1 Answer from Attorneys

K. Desiree Novajosky Novajosky & Associates

Re: non paid rent

As far as Georgia Law is concerned, non-payment of rent is automatic grounds for eviction. However under O.C.G.A. 44-7-2 which governs evictions, the payment of the rent is a complete defense if tendered within 7 days of the summons in the action for failure to pay rent. See if you can't work something out with the landlord. Explain your situation.

Also, you may have another defense of waiver. If your landlord has accepted late payments repeatedly, he can't now evict for this one late payment.

Just be prepared that if you are evicted the locks will be changed and your possessions will be put out on the street.

Hope this helps, good luck.

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Answered on 12/07/01, 2:15 pm


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