1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

month to month lease Holdover

Discussion in 'Moving In & Out, Movers' started by puppies, Feb 28, 2015.

  1. puppies

    puppies Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    basically my question is its a month to month tenant just decides to leave one day. how long do they have to get their stuff out of my house? Rent is due and hasn't been paid so does that mean I can withhold their property until I get my money? and if I don't receive their money do I have to give them their property at all? Is there a certain amount of time they have to move their stuff out after rents already been due? yet again no signed lease just month to month payments. Not current as of now. Thank you for your help
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Messages:
    9,209
    Likes Received:
    643
    Trophy Points:
    113

    What do you mean the tenant decides to leave after one day? If they abandoned the premises and stated that they were abandoning the premises, then you should have that in some written format. At that point you'll be able to dispose of the former tenant's property as you wish. But that doesn't seem to be the case.

    No, you don't get to withhold property if they don't pay the rent. That is why you want to get a deposit up front from tenants, to ensure that they don't do exactly what they did to you. As a month to month tenant, they have a right to be on the premises for the entire duration of the month to month lease. You'll need to explain what you mean by "decides to leave one day." Ga. Code Ann. §§ 44-7-6 and 44-7-7 should give you a better idea of the laws regarding oral month to month leases and the 30 day requirement for a tenant to terminate the lease. They will owe you money and you will have to sue them in landlord tenant court if the tenant won't pay the rent. Again, this is why it is extremely important to collect an up front deposit to cover your costs.
     

Share This Page