[sohighmusicLLC]

I screwed up. I'm stuck w/ dead beat tenants all because I failed to ensure I got a signed lease before giving them the keys and accepting their deposit. How can I get around the 60-Day Written Notice Requirement for an At Will Tenant (No Lease)? In GA can I give these tenants a 7-day notice to vacate based on paying rent 15 days after the first of the month and refusing to pay late fees, as I instructed them to do before they made their last partial payment of the very first month's rent? Also,they signed a letter stating if they did not pay rent by a certain date, then they must vacate my house. Of course this was the second promise to pay, which the reneged, paid the full rent a week after signing such document. Now I want them out. They have been insulting, lied on their rental application, a nusiance, problematic and I see where late pays, excuses, etc, will be the norm. And, as of today, they are refusing to sign a lease. I screwed up by giving them keys w/o a lease. They have been in my house 27 days. Paid a deposit on Oct 18th, paid the full November's rent (in two installments) just yesterday. QUESTION: can I just go to Court, seek demand for possession and immediately file a dispossessory affidavit seeking possession in court simply based on a) they breached their agreement to pay Nov's rent or vacate (They refuse to leave the home); b) with a 7-day written notice provided to them to vacate WITHOUT given them a 60-day notice; c) can I put them out because I want them out, simply w/o Cause in Georgia? Sorry so long. Please someone with authority reply. Thanks!

[AK lawyer]

I see that you are looking at this:

"§ 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."

It looks to me that (If they are behind in their rent; it is not clear from what you have written that they are) you don't need to terminate the TAW, you need to evict for non-payment.

"§ 44-7-50. Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice
(a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of the owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits.
... "

"§ 44-7-51. Issuance of summons; service; time for answer; defenses and counterclaims


(a) When the affidavit provided for in Code Section 44-7-50 is made, the judge of the superior court, the state court, or any other court with jurisdiction over the subject matter or the judge, clerk, or deputy clerk of the magistrate court shall grant and issue a summons to the sheriff or his deputy or to any lawful constable of the county where the land is located. A copy of the summons and a copy of the affidavit shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be had by delivering the summons and the affidavit to any person who is sui juris residing on the premises or, if after reasonable effort no such person is found residing on the premises, by posting a copy of the summons and the affidavit on the door of the premises and, on the same day of such posting, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the affidavit to the defendant at his last known address, if any, and making an entry of this action on the affidavit filed in the case.

(b) The summons served on the defendant pursuant to subsection (a) of this Code section shall command and require the tenant to answer either orally or in writing within seven days from the date of the actual service unless the seventh day is a Saturday, a Sunday, or a legal holiday, in which case the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense or counterclaim. The landlord need not appear on the date of the tenant's response. The last possible date to answer shall be stated on the summons.

(c) If service is by posting a copy of the summons and the affidavit on the door of the premises and mailing a copy of the summons and the affidavit to the defendant, as provided in subsection (a) of this Code section, the court shall have jurisdiction to enter a default judgment for possession of the premises in the absence of an answer being filed, but in such instance a default judgment for money owed may not be entered unless the defendant files an answer or otherwise makes an appearance in the case."

"§ 44-7-53. When writ of possession issued; trial of issues; possession pending trial
(a) If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51, the court shall issue a writ of possession instanter notwithstanding Code Section 9-11-55 or Code Section 9-11-62. The court, without the intervention of a jury, shall not require any further evidence nor hold any hearings and the plaintiff shall be entitled to a verdict and judgment by default for all rents due as if every item and paragraph of the affidavit provided for in Code Section 44-7-50 were supported by proper evidence.

(b) If the tenant answers, a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, that, at the time of his answer, the tenant must pay rent into the registry of the court pursuant to Code Section 44-7-54."

[ScottGem]

So yes can ask them to vacate or pay in full (including late charges). You have to give them 7 days to comply at which point you can file for an eviction order.

[sohighmusicLLC]

Yes, they are behind in their rent. November's rent was finally paid 17 days late in a partial payment, not including the late fees, which they were instructed to pay. Tenants had a promise to pay by the 4th and the 6th of this month, failed to pay both times. I had them sign a statement that they are agreeing to make their final partial payment of November's rent by Nov 6 or they must vacate. Tenants did not pay until Friday, Nov 17th.

I hope I made things more clear. Do these circumstances still require a 60-day notice TAW or can I submit to them then 7-day notice on tomorrow or go straight to the Court for writ of possession as you outlined? Thanks.

[ScottGem]

No, if you are telling them too vacate for non-payment the 60 day notice is not required. The only problem is, if they de next time they are late.o pay in full within the 7 days, then you have to start over the next time they are late.

[sohighmusicLLC]

Scott thanks. Yes, helpful. I'm just a little confused with the last part you said:


The only problem is, if they de next time they are late.o pay in full within the 7 days, then you have to start over the next time they are late.

So I don't intend there to be a next time with these people, because I will give
Them the 7 day notice today to vacate. If I'm out of the late fees, fine. Otherwise, they could pay the late fees in those 7 days, then they can stay. No, these are low-life people and I want them out. I don't care if they paid a year in advance. Does the law allow the land owner to put someone without cause and use the 7 day rule as they are a Tenant without a lease?

[AK lawyer]

Scott thanks. Yes, helpful. I'm just a little confused with the last part you said:


The only problem is, if they de next time they are late.o pay in full within the 7 days, then you have to start over the next time they are late.

So I don't intend there to be a next time with these people, because I will give
Them the 7 day notice today to vacate. If I'm out of the late fees, fine. Otherwise, they could pay the late fees in those 7 days, then they can stay. No, these are low-life people and I want them out. I don't care if they paid a year in advance. Does the law allow the land owner to put someone without cause and use the 7 day rule as they are a Tenant without a lease?

I think what Scott is saying is that, if they pay in full within the seven days, you will have to start all over.

And yes, the law does allow you to get them out without cause. But to do that, if they keep bringing the rent current before you can get an eviction order after the 7-day notices, you have to give them the 60-day notice. I suggest that you give them a 7-day notice (for late rent) and a 60-day notice terminating their tenancy. That way, even if they keep playing the pay-but-late game, after the 60 days you will be able to be rid of them for good.

[ScottGem]

What AK said. The 7 day notice is commonly referred to as a pay or quit notice. This means that either they pay in full (including late charges) or they vacate. But if they do pay in full, they can stay and you have to wait until they are late again to start all over.

I'm not sure if you can serve them with both at the same time. But I would do it anyway.

I'm guessing here you didn't bother to check references as well as get a lease. For the future always check references especially their last landlord.