Legal Question in Real Estate Law in Georgia

Terminated roomate's lease, what if he doesn't leave.

I have a roommate of 3 years. I own the home. I have a signed lease stating that if he was to move out he had to give me 30 days notice and if I wanted him out it was also 30 days.

Well I informed him on January 7 that he was to be out in 30 days. He said he understood and would start looking and packing. Well he has 2 weeks left and doesn't appear to be getting ready.

I don't want to kick him to the curb without a place to go, but I also don't want to let him live here for free. I don't think he has looked for a place.

Looking online I found this ''if you accept rent now, after the existing tenancy has terminated but before filing a dispossessory warrant, you will create a new tenancy which would need to be terminated before you file a dispossessory affidavit.

So I was trying to find out if I had to file a dispossessory warrant or if I could get him to sign a day by day lease, so that he has more time to find someplace to move.

What should I do? I'm trying to keep it amicable.

Thanks


Asked on 1/25/08, 2:53 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Terminated roomate's lease, what if he doesn't leave.

If you are filing a dispossessory due to non-payment of rent and then you accept the rent, the dispossessory becomes moot. However, in your case, you are terminating the lease upon 30 days notice (no cause needed). So, accepting rent for the last 30 days is fine.

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 1/25/08, 8:06 am


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