Re: Tenant Refuses to sign lease - Landlord Forum thread 337749

Re: Tenant Refuses to sign lease by MrDan (Georgia) on July 30, 2015 @13:40

In Georgia a landlord must give a tenant sixty days notice before terminating a tenancy at will, and a tenant
must give the landlord thirty days notice before termination of the tenancy. (O.C.G.A. § 44-7-7).

A tenancy at will requires the implied or express consent of the landlord, a dispute over the term of the tenancy will not necessarily create a tenancy at will but instead, create a tenancy at sufferance.

A tenancy at sufferance does not require 60 days notice and the landlord can proceed with the eviction process.

Your options will hinge on your lease and how you conveyed in your 60 day notice that the tenants lease terminated if the tenants failed to enter into a new lease or converted to a month to month rental agreement. The proper way was to give the tenants 60 day notice that the rent would increase or the lease would terminate on 7/31/15. There should have been a time limit placed, where the tenants were required to respond back either to accept the new terms or provide 30 day notice to end lease and if no notice or acceptance was given, the lease would terminate.

You should review your lease to insure that it does not state it converts into a month to month upon expiration of the original terms. If it does, a tenancy at will might be created by default.

If the lease does terminate and you accept rent, you are creating a month to month rental agreement, requiring 60 day notice from the landlord to end the rental agreement.

If the lease does end, you can refuse to accept rent and the tenants can be treated as tenants at sufferance, and the landlord can proceed with the eviction process to remove the tenants.

Your lease will govern the proper requirements for all notices. If your lease states that notices must be in writing, then email is not a proper way of notification. A proper way for landlords is to have everything in writing. As a landlord, you would have to prove the tenant actually received the email.

You might consider a mutual agreement between you and your tenants to end the tenancy or enter into some alternative rental arrangement. Otherwise the addition cost of an eviction will be part of your problem.

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Re: Tenant Refuses to sign lease by Brian (Georgia) on July 30, 2015 @16:39	[ Reply ]

Ok, They have been M2M for some time now and what i was going to do is convert them back to a 1 year lease to give them time to get their finances together. They are not accepting the terms and say that can't afford the new rent. My option is to end the M2M and place the home for sale upon their departure.

Re: Tenant Refuses to sign lease by MrDan (Georgia) on July 31, 2015 @06:37	[ Reply ]

You will have to give them 60 days notice to end month to month.(O.C.G.A. § 44-7-7)