Landlord Question and Answer Forum

I am an office manager who works in Georgia. My landlord runs a ministry based rental/transitional housing and homeless shelter. He is talking about making his future and present tenants sign a waiver of notice for evictions called a Program Fee Lease Agreement to replace the Lease. The lease goes by month to month basis based on client's needs and how they may change month to month. Is this Legal? he says he is doing this program so anyone who becomes a tenant in the future or is currently a tenant, if they break the property laws, he or she will then be told to leave without involving the police or the process for an eviction notice or the cost of one. I was under the impression that NO matter what, a landlord must always PAY for the eviction through the court if he wants one, regardless if their is a waiver of notice in the clause for that state stating that if the landlord files for the eviction in 10 days or 5 days, then they must wait 10 or 5 days, however I was under the impression that there is a process of eviction always where the landlord MUST PAY for self evict, correct? This place of business is not HUD related YET, and I think that applies to HUD buildings and tenants only, but I am not sure. Any help will be appreciated. Thank You

From my experience a Landlord does not have to file for eviction if they do not choose to. They do need to give proper notice and time for the tenant to redeem or pay for things like late rent or a notice to quit can be given. If the Landlord asks for the tenant to leave and they vacate with no issues then there should be no problem. Always have paperwork stating what is going on to protect you, but keep in mind tenants do have rights and laws don't only change from state to state but from town to town. If you are unsure you can always check at your local court house.

Posted by Susan P, CA on Wednesday, December 11, 2013