Legal Question in Real Estate Law in Georgia

Renters in house; no lease - refusal to pay rent

We have tenants in our 2nd home.

We signed a contract with a ''We buy houses firm'' and he rented the property to tenants. He intended to purchase our home, but has since returned the home to us and voided the contract.

There is no lease agreement with the tenants. They had a rental agreement with a landlord who has since ran off with their money, breached the contract and he no longer has any contact with either of us.

There has NEVER been a rental agreement between us and the tenants.

They refuse to sign a lease with us.

They have recently refused to pay this months rent when we asked them to sign a lease.

They are refusing to leave the property. We are afraid they are gong to trash our house.

What recourse do we have? How do we evict them? Can we give them 30-days notice since there is no rental agreement and they are refusing to pay rent? They currently owe 2-months rent.

The house will go into foreclosure if they don't vacate the premises since they aren't paying and won't leave, but we don't have the money to pay the mortgage without their rent.


Asked on 10/20/08, 7:09 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Renters in house; no lease - refusal to pay rent

If the tenants are behind on rent, you can send them a "pay or quit" letter where you demand that they pay all amounts due or vacate the property by a certain date. Then, if they don't pay and leave by that date, you can file a dispossessory with the magistrate court in the county where the property is located.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 10/24/08, 12:32 pm


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