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natejliz
May 13, 2012, 10:37 AM
Tenant/Landlord rules - Lawrenceville Georgia

I live in a house where I rent a room. I have shared the common areas with other tenants, but now I am in the house alone, the other 2 tenants moved out recently. I have lived in the house (room) for the last 2 years on a month-to-month rental basis (at-will lease).The landlord gave me a 60-day "Notice to Vacate", however, the notice does not describe from where I have to vacate (description of the house not provided: address, city, etc.), it just states that I have to vacate the premises.

Question:

Since the Notice does not describe the propery that I have to vacate, would the landlord should give me another notice clearly describing the premises and another 60 days timeframe?

AK lawyer
May 13, 2012, 01:42 PM
I don't see that the pertinent statute requires a description of the premises.


"§ 44-7-7. Tenancy at will -- Notice required for termination
Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will."

So, you don't know where you are living?

Fr_Chuck
May 13, 2012, 02:01 PM
The court will not require it to have the specific address. I assume this is the only rental from this person you have.

If you don't move out within the notice, she will merely file in court for a official eviction that will of course have the address.

natejliz
May 13, 2012, 04:50 PM
I don't see that the pertinent statute requires a description of the premises.


"§ 44-7-7. Tenancy at will -- Notice required for termination
Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will."

So, you don't know where you are living?

I know the Tenant/Landlord regs and where I live.

So, the pertinent statute does not say it is required but neither that it is not required, thus, which way should I go?

ScottGem
May 13, 2012, 04:58 PM
You vacate within the 60 days, Or face eviction. Why are you even questioning this?

AK lawyer
May 13, 2012, 05:16 PM
... So, the pertinent statute does not say it is required but neither that it is not required, thus, which way should I go?

Out if the subject premises is where.

It doesn't spell out a lot of things. If I were going to do it, I would print it out, although I guess you could write it in crayon on the back of a paper napkin. And I would put a number of details in the notice, although they are not strictly required. In other words, use a bit of common sense.

natejliz
May 13, 2012, 05:17 PM
You vacate within the 60 days,.Or face eviction. Why are you even questioning this?

I am not questioning anything, I am just asking and saying that if the property in question is not mencioned in the Notice, how can you enforce such a notice when the notice does not describe/identify the property? So, what property do I have to vacate: The one in the corner, or the one across the street or that one over there? As in any lease/contract be it verbal or written there got to be a property (unique location), so if the landlord wants someone to vacate his/her property then it should be identify. Legal technicality!!

Fr_Chuck
May 13, 2012, 05:21 PM
This notice is merely a notice, there is nothing in the 60 days notice to "enforce" it is merely their order to get out of the property they rent to you.

If you are not out, then they file the official eviction at the court house.

And the judge will not see any humor in your smart opinion of what house, you vacate the one you are living in, that is rented to you by that landlord. Unless you rent all four houses from him, you and he know which house it is.

Please say this to the judge, he will evict you faster

ScottGem
May 14, 2012, 03:28 AM
I am not questioning anything, I am just asking and saying that if the property in question is not mencioned in the Notice, how can you enforce such a notice when the notice does not describe/identify the property? So, what property do I have to vacate: The one in the corner, or the one accross the street or that one over there? As in any lease/contract be it verbal or written there got to be a property (unique location), so if the landlord wants someone to vacate his/her property then it should be identify. Legal technicality !!!!!!!!!

And what do you think it will get you? A legal technicality is when the law SPECIFICALLY provides for something and that something is not followed. This is a matter of common sense. Unless you occupy some other property owned by the landlord then there is no ambiguity as you are trying to suggest. The landlord can't tell you to vacate the property on the corner unless a) you occupy it and b) he owns it. So it is unnecessary to specify what property in the vacate notice since there is likely to be only one property that could be referred to.

And again, I ask why you question this. Do you think you can buy some more time? Do you think if you don't vacate within the 60 days that he won't file an eviction order? Do you think that a court will refuse the eviction order because he didn't specify the property? Do you think a court will even give you more time?

Here's what I see happening in court:

You: Your honor: the vacate notice didn't specify the address I was supposed to vacate so I didn't think it valid.
Judge: Did you live anywhere else that the landlord owned?
You: No.
Judge: Then why did you not think this applied to where you lived?
You: Ummm
Judge: I grant the eviction order, you are ordered to vacate in x days (probalby less than 10).

I wouldn't be surprised if the judge had some harsher words for you for wasting the court's time.