Legal Question in Real Estate Law in Georgia
Tenant was given notice in Sept 2012 that we would not renew their rental agreement since it was going to be necessary for us, the home owners, to move back into the property. We agreed, verbally to let them go month to month until our own home was sold. As soon as we had a buyer we notified the tenant that they would need to vacate by the end of January. Toward the end of January they asked for an extension until the 5th of February so they could have the money saved to get a new rental home. We agreed. Wednesday they asked to extend their stay until Feb 9. We said no because that would not give us enough time to rehab the house prior to our move in at the end of February. Today they called and asked again. I said, sorry, but no. That just does not give us time to get house cleaned up and ready for us to move in. The brother of the tenant got verbally abusive to the point where I finally hung up on him. Do we have any recourse?
2 Answers from Attorneys
You don't tell us the dates and method of notice. 60 days notice is required for a tenancy at will, so you can choose between giving 60 days notice then filing for eviction, or working with them for another 10 days.
You're required to give 60 days notice to remove a tenant from month to month. To be able to prove that notice, any landlord would do it in writing. Unless you did that, you have to wait 60 days from when you finally give the notice you have not given to file an eviction that will take several weeks past that, or work with them for 10 days. Since you handled it incorrectly up til now, send the 60 days notice now in case they don't move, and hope they move when they say they will.
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