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My tenants have 6 months left on their lease and one is moving out with no notice. This is in Ga. What are my rights to recoup

Asked over 2 years ago - Atlanta, GA

My flaky tenants have six months left on their lease with a 60 day notice if they want to move out. This is in Georgia and I have been told that I am basically screwed and they can stay in the house for another 3+months rent free if they choose because off all of the laws that must be followed. I cannot afford to pay that mortgage and will more than likely let my home go into foreclosure if that is the case. What can I do to get them out or have them try to honor the lease.

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Attorney answers (2)

Glenn M. Lyon

Reputation Level 14

Answered over 2 years ago. Contracts / Agreements Lawyer in Atlanta, GA.

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Assuming this is a residential lease, you may start the eviction process by sending a demand for possession of the property by a certain date and then filing a dispossessory action if they fail to leave. If they leave before the end of the lease term, you would have a claim for breach contract and be able to pursue any damages, including lost rental income (minus any amounts you mitigated).

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

MacGregor Lyon, LLC

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Robert John Murillo

Reputation Level 15

Answered over 2 years ago. Contracts / Agreements Lawyer in Boulder, CO.

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You should contact a local real estate attorney. As a general rule, if they violate the lease terms you can file for an eviction. That normally provides them a certain number of days to comply with the lease or they can be removed. Unless GA has rather unique rules, I have never heard of any state that would not allow you to file for an eviction based on nonpayment. The amount of time, cost and the like will vary by state.

DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.

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