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I have a month to month lease agreement with my landlord. Due to my job loss a few months back, my landlord

Atlanta, GA |

and I agreed I could start making weekly payments to catch up the past due balance based off of my pay frequency. Now, the house is for sale and I was sent an email "Demand for Rent" of the difference of funds due within 3 days or vacate as well as not to deposit any more monies. There was no reason given for the abrupt cancellation of our agreement as I understand that the owner is anxious to sell, but the way this is going doesn't seem right. The Realtor has also emailed me harassing of my payment arrangement and advised me to move within 5 days not knowing my arrangement. I know in GA I am considered a tenant at will as it allows 60 days to terminate tenancy by the landlord, but with these circumstances I'm not sure where I stand? Help!

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Attorney answers 1


Unfortunately for your position, if you are past due, you have very little cover. If you have a payment agreement in writing from the landlord, that might help. But it sounds like that is not the case. As a result, you are behind and the landlord can demand that you catch up immediately or he can evict you. It is obvious that the realtor is pushing you to leave because the realtor wants his or her commission on the sale. It may be that your best bet is to talk to the landlord and work out a way to leave the property relatively promplty, possibly negotiating a release of liability for all past due rent and possibly getting some financial help to move so the landlord can close the sale sooner. If they go to evict you, they are weeks away from actually getting you out of the house legally, so you have a little bit of leverage, but not much.

This answer is for general purposes only, and it does not create an attorney-client relationship.



Thank you for the advise. The payment arrangement for weekly payments was agreed by the landlord via email when I submitted the request and I was making payments up until today in which an email was sent to demand all due because of the sale. Wouldn't the landlord have some recourse in that matter, as payments were confirmed per our agreement via email by the landlord. My end goal is to have the 60 days to move as a tenant at will, that's all I want. But, the interested parties in the home want to expedite the process in which the landlord has rescinded the agreement after I made a agreed scheduled payment on this past weekend.

Randall M. Lipshutz

Randall M. Lipshutz


The question really boils down to what do you want to spend to get the 60 days? You might be able to tie things up for 60 days, but to do so you are going to have to likely pay an attorney to try and delay the eviction. There might be a bankruptcy option, but that is really not my area and it may not be what you want long term. Try talking to the landlord and offer to step up your payments in exchange for the 60 days. Don't know if it will work, and you may have to deal with the issue in court to an uncertain end unless you can come up with the money to bring the rent current - then you would be able to force the 60 days. Sorry I don't have a lot of good news for you.

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