I sent Tenant notice to pay or quit on the 15th. Tenant gave me partial rent and promised to pay and I received nothing. Tenant is always late (with lame excuses) and I am tired of excuses and want to evict.
The month-to-month rental agreement states 30 day notice to evict or terminate, but I have found sites (no citations) that state that tentant is to receive a 60-day notice to terminate agreement. Also, by me accepting partial rent voids eviction for non-payment of rent (7 day notice), so I would have to go with a 60 day notice using the termination of the month-to-month agreement since I don't think I can use the pay or quit notice?
Language used in Agreement:
"Should Late Fees accumulate to or exceed $XXX, Landlord has the right to terminate this Rental Agreement without notice and Tenant will surrender the Premises immediately."
"However, if the breach by the Tenant is for nonpayment of rent, the Landlord shall not be required to deliver thirty (30) days' written notice as provided above. In such event, the Landlord may serve Tenant with a seven (7) day written Notice of Termination, whereupon the Tenant must pay the unpaid rent in full or surrender possession of the Premises by the expiration of the seven (7) day notice period"
"Notice of Intent to Surrender
(a) Either Landlord or Tenant gives the other written 30 (thirty) day Notice of Termination of Rental Agreement; or (b) Either Landlord or Tenant gives the other written Notice of Default, where the noticed party must either cure the breach (if cure is an option) or be terminated and vacate the Premises on or before the end of the notice period, the length of which period will be dictated by the conditions of teh Rental Agreement or applicable law."
Summary: Do I have to give my Month-to-Month Georgia Tenant a 30 or 60 day notice; or can I use the pay or quit notice I originally sent to tenant (which include late fees) which tenant has yet to pay?