A tenant who occupies rental property with the landlord`s consent and makes rent payments without a written lease is called a tenantatwill. Georgia landlordtenant law, including eviction laws and security deposits laws, still applies. A tenantatwill has the right to occupy and use the rented premises subject to any restrictions upon which the landlord and the tenant have agreed. Because there is not a written lease, Georgia law regulates the type of notice which a tenantatwill and the landlord of the tenantatwill must give to terminate or change the original rental agreement. A tenant must give thirty (30) days notice to the landlord to terminate or change the original agreement. A landlord who has a tenantatwill must give sixty (60) days notice to the tenant before seeking to terminate the agreement or change any term of the original agreement. This means the landlord must give a tenantatwill sixty (60) days notice before imposing a rent increase. To protect your legal rights any and all notices should be in writing. When a tenantatwill fails to pay rent the landlord is not required to give the sixty days notice before terminating the tenancy. If the tenantatwill fails to pay rent, the landlord can demand possession and immediately file a dispossessory warrant seeking possession in court.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified landlord tenant lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local landlord tenant attorney to discuss your specific legal situation.