Landlord Question and Answer Forum

I have a tenant who has written bad checks, late on the rent etc and it appears they will be late for July as well. We are planning to move back in our house in GA when their lease is up in 5 months. By the terms in the lease they are in default. Can I change it to a "tenant-at-will" lease and give them a 60 day notice to move out?

First, before going to court, the landlord must demand that the tenant immediately give up possession and vacate. This demand is best made in writing. Generally if there is a fixed term lease in place, landlord cannot end the lease for no cause. Did the tenant make good on the bad checks? Does your lease specify a defult clause for bad checks? If the tenant is late in July - you could start a non-payment eviction by first sending them a Demand notice to pay rent within a certain amount of days. If they do not respond, you may then file in court. The tenant will have 7 Days then to answer the complaint or pay the full amount due including the court costs. I would not accept a personal check for this payment.44-7-6. Where no time is specified for the termination of a tenancy, the law construes it to be a tenancy at will. 44-7-7. Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will.

Posted by Donna , NC on Friday, July 9, 2010

They did make good on the checks but they were late 7 times in the past year. Here is what the lease states. Late Dee: a. If rent or any other charges are not recieved by the Landlord on or before 10 days after the rent due date, Tenant must pate a late fee of $50 in addition to the rent b. Rental payments paid late 3 times in a 12 month period creates a default of the lease agreement. Thanks for your input.

Posted by Todd J, GA on Friday, July 9, 2010