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Updated almost 6 years ago on . Most recent reply

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Ari Newman
  • Atlanta, GA
31
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89
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Tenant At Will - eviction?

Ari Newman
  • Atlanta, GA
Posted

I'm under contract to purchase a SFR in Atlanta. The current tenant is owners daughter and has been living in home for 12+ yrs not paying rent. It appears there was never a lease agreement but a verbal of $200 / month. When I take posession, I know that in GA I need to give 60 days notice to terminate. However, GA law says I have the right to collect fair and reasonable rent and that if tenant defaults on payments I can file for dispossession immediately. If they dont agree to sign an Estoppel agreement stating the terms of original rental agreement and they dont sign a new lease with me, What can I do? (Aside from waiting 60 days) My goal is to have them out ASAP and cash for keys hasnt worked so far. Has anyone dealt with a similar situation?

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28,237
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,388
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28,237
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

@Ari Newman You're buying a mess. Make sure the price reflects it and then be prepared to deal with it. Your option is to file for eviction the day of closing. Not the day after. Not after attempting to negotiate. Not after offering to pay the tenant. Just file the eviction using an attorney and do it right. There's a pretty good chance they'll leave before it gets to court but be prepared for them to dig in.

  • Nathan Gesner
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