Month-to-Month Tenancy in Georgia

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Latest post 02-01-2012 9:01 AM by georgiagail. 12 replies.
  • 10-27-2011 1:28 PM

    Month-to-Month Tenancy in Georgia

    Situation:

    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?

  • 10-27-2011 2:11 PM In reply to

    Re: Month-to-Month Tenancy in Georgia

    The property is in GA, then you'll have to read the GA landlord tenant statute to see if the 60 day notice is a statutory requirement.

    You'll also have to see if accepting partial payment cures the pay or quit. If it does, then accepting partial payment was a bad idea.

    http://www.rentlist.net/LTlaw.htm

    Study the statute thoroughly and carefully.

    If you need further discussion come back to this thread.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-27-2011 2:20 PM In reply to

    Re: Month-to-Month Tenancy in Georgia

    Thank you!

     

  • 10-27-2011 2:47 PM In reply to

    • Drew
      Consumer
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    Re: Month-to-Month Tenancy in Georgia

    Read the GA statutues--I'm not  in GA--GA at  44-7-52 allows for tenant to cure a nonpayment  ONE time per 12 month window   by payment  within 7 days of rents and costs --but get the details CORRECT and force him  to pay if he wants to stay .

    Apparently elsewhere  in 44-7 a partial payment is not a bar to proceed with a nonpayment eviction--but tenant can pay balance and costs and stay--again pay attention to details.

     

    No clue where you found 60 day rule.....



  • 10-27-2011 2:52 PM In reply to

    Re: Month-to-Month Tenancy in Georgia

    insurancemadness:
    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?

    You have two separate issues going on: the MTM tenancy and the failure to pay.  GA law only requires 30 days notice for either party LL or tenant to terminate a month to month lease. 

    GA law also allows the tenant to cure the breach however to do so they must pay ALL the rent, fees, etc. in full to do so and may only cure the breach once and reinstate the lease.  That applys to regular leases not month to month tenancy.  Accepting partial rent means you must re-issue the pay or quit notice before being able to go to court and file for eviction.  From this point forward I would suggest not accepting ANY partial payments as that invites a cure of the breach. 

    It wouldn't hurt to go ahead and send the 30 day notice that you are terminating their month to month tenancy as well.  That way that notice is already running.  While you may still have to evict, at least they have notice you are terminating the LL/tenant relationship in general.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 10-27-2011 3:56 PM In reply to

    • Drew
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    • Joined on 03-30-2000
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    Re: Month-to-Month Tenancy in Georgia

    I agree--as LL it always makes sense to have two separate reasons to terminante/evict --just in case one of them "fails" to hold up in court!!  Even if they are running independently it helps...



  • 10-28-2011 11:42 AM In reply to

    Re: Month-to-Month Tenancy in Georgia

    Thanks everyone.  I am sending out the Notice of Termination today.  I'd rather terminate the lease in its entirety instead of going back and forth every month 'hoping' to get rent.

     

     

  • 10-28-2011 11:49 AM In reply to

    Re: Month-to-Month Tenancy in Georgia

    insurancemadness:
    I'd rather terminate the lease in its entirety instead of going back and forth every month 'hoping' to get rent.

    Yeah, I learned that early on in my days as a landlord. You have to jump down a tenant's throat when he's one day late, serve the pay or quit notice, and insist on full payment including late charges before rescinding the pay or quit.

    I also suggest that you write future rental agreements to include a painful daily late charge that accrues from the first day late (providing your state law has no prohibition for that).  No grace period, no percentage. Late is late.

    You need to develope a heart of stone when it comes to tenants or they'll walk all over you, as this one has done.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-28-2011 11:56 AM In reply to

    Re: Month-to-Month Tenancy in Georgia

    I actually do have a clause in the agreement regarding late fees.  But being the punk that I 'was' I didn't enforce it.

    You are right, this particular tenant did walk all over me.  The problem was that I knew the tenant personally before renting to them (my son's friend). 

    Another learning notch in my LL book:  NEVER rent to anyone you already know.

     

  • 10-28-2011 12:12 PM In reply to

    Re: Month-to-Month Tenancy in Georgia

    "The month-to-month rental agreement states 30 day notice to evict or terminate...."

    Your rental agreement (whether you drafted or not, you used it) isn't relevant; what matters is state law.

    This isn't a typical termination scenario, this is a nonpayment scenario.

    "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 ..."

    I don't know where you got that idea.

    Please seek local real estate counsel if you aren't clear on eviction process for nonpayment; you don't want to have to start over because you're not clear on process, and this isn't something you should rely on strangers to walk you through.

  • 10-28-2011 12:56 PM In reply to

    Re: Month-to-Month Tenancy in Georgia

    insurancemadness:

    You are right, this particular tenant did walk all over me.  The problem was that I knew the tenant personally before renting to them (my son's friend). 

    Another learning notch in my LL book:  NEVER rent to anyone you already know.

    Amen to that.

    Another big problem is having a rental in another state. I had a bad enough time with tenants across town but at least I had the advantage of getting to them in a short drive if I had to.

    I would consider dumping the property after you get rid of the current tenant. If you can break even or better, that is.

    There's no upside to being a long distance landlord.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-28-2011 1:39 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 48,929

    Re: Month-to-Month Tenancy in Georgia

    Unless your lease is poorly worded there may be nothing against seeking all late fees anyway

    Well yes, you sort of do need to read your lease--if state law says for example 30 day notice and you contracted to give him 60 day notice you may be stuck with your own 60 day words.

    I think you can proceed pretty rapidly as to non payment.

    I simply don't know if acceptance of partial payment is a bar to proceed. Smart LL's may smile and do best they can to force payments, then file a new action to terminate/not renew after getting say 80% catch up--its street smarts not book smarts. .



  • 02-01-2012 9:01 AM In reply to

    Re: Month-to-Month Tenancy in Georgia

    Accurate information on the amount of time needed to terminate a tenancy at will in Georgia can be found in Georgia Landlord/Tenant Statute 44-7-7 (it's 30 days notice by a tenant but sixty days for the landlord).


    Gail

     

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