We had a six month lease, the lease expires on Dec 31st 2007, I kept asking him to provide me with an letter stating he is not going to be renewing his lease. Its a small thing that really don't bother me, but he moved all of his stuff out the room and I asked him can he just give me the keys and gate card back, and he wants to be technical about the situation. Can I take him to court for not giving me the proper 30 Day notice thats stated in the Georgia Tenant Landlord law?
2007-12-22 05:31:38 · 7 answers · asked by Tyshawn D 1 in Business & Finance ➔ Renting & Real Estate
you can only sue if he was there jan. 1st. for jan. rent, thats the day he would have been in violation. But since he was gone before that, youd better get to paintin an fixin so you can re-rent. And go get a book called Tenants Rights, so you know what your doing, as a landlord..........
2007-12-22 07:47:38 · answer #1 · answered by DennistheMenace 7 · 1⤊ 0⤋
I think you are being pretty childish about that, and it's a good way to end a business arrangement poorly, and for him to never give you a reference.
The fact that a 30-day notice to vacate is written is for the TENANT's protection...not yours.
If he VERBALLY made you aware that he was vacating, then even if you sued him, you would have to LIE in court about claiming to not be aware he was leaving...just because you want to stomp your feet like a 5 year old and damand it be in writing, and then turn around and sue him for another month because he didn't provide it?
Grow up!
You and him are getting into a pissing contest, and if you keep it up, he can easily lie in court and say you illegally evicted him by locking him out...and you wouldn't have a shred of proof otherwise.
I would keep my mouth shut and find another tenant if I were you.
PS: I wouldn't withold the security deposit if I were you...that is for damages, and if you don't provide him a WRITTEN notice in 30 days of vacating of why you are keeping any of it, or if any of the charges are for routine wear and tear, he can sue you for TREBLE damages in Georgia.
That means if the security deposit was $500, he can sue you for $1500.
2007-12-22 13:51:38 · answer #2 · answered by Expert8675309 7 · 4⤊ 0⤋
Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will.
Georgia Annotated Code Sec. 47-7-7.
If the tenant did not provide notice, you can sue in small claims court for the missing rents.
2007-12-22 18:24:40 · answer #3 · answered by acermill 7 · 0⤊ 1⤋
Did you have anything in the lease specifically stating that he had to give you 30 days' notice? If so and he signed it, then you might have a case. So you're probably in the right, but it'll cost to go to court and you probably won't win much.
2007-12-22 13:41:00 · answer #4 · answered by ktrb 6 · 1⤊ 0⤋
I found no reference to any Georgia law requiring a 30-day notice from a tenant.
It all depends on the language of the lease.
2007-12-22 13:40:19 · answer #5 · answered by Anonymous · 1⤊ 2⤋
Did he pay until dec 31st? What do you want to take him to court for? Do you think he owes you money?
2007-12-22 13:39:14 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Why? Would it really be worth your time and money? Just withold the security deposit. Isn't this one of the things a security deposit is for?
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2007-12-22 13:40:39 · answer #7 · answered by ? 7 · 0⤊ 1⤋