Voided lease contract??

9 Replies

I have a property in Georgia. I moved tenants less than a month ago and I already want to remove them. They brought to my attention that the lease was written with the wrong state and they are saying the contract is voided.

The lease states: Governing Law it states: “this agreement shall be governed by, construed, and enforced in accordance with the laws and legal decisions of the State of NJ.” (wrong state)

The tenants are also saying they sought legal counsel and Governing laws they are technically in a month-to-month contract under Georgia law since they paid me rent + secruity deposit for the first month of September, but now they have the option and right to not pay the rent in the next two months (November) under Georgia law.

Can anyone tell me if both things are true ( contact being voided and month to mont, free rent).

Does anyone know a Georgia attorney I can speak to??

Ps. In my original lease there is a clause that stated the landlord has the right to terminate the lease on 30 days. I had originally planned to go this route.

If they agree/argue they are now governed by Georgia laws and are in a month to month lease I would look up Georgia laws governing a month to month lease and try to get them notice before the end of the month. 

@Chadeesia Dunkley Sounds like you have the right either way to terminate/not renew the lease with 30 days notice, assuming GA law says 30 day notice for month to month rental.

The part about it being a month to month which gives them the right to not pay the next 2 months is total delusion on their part.  

I’d give them 30 days notice.....referencing Both the lease terms And GA law on month to month.  You need to get rid of these yahoos ASAP.

Originally posted by @Chadeesia Dunkley :

I have a property in Georgia. I moved tenants less than a month ago and I already want to remove them. They brought to my attention that the lease was written with the wrong state and they are saying the contract is voided.

I honestly don't mean to insult you. It sounds like your tenants are more experienced than you are at this game. I don't see any point in keeping them when they will just continue to make your life difficult.

Let them give 30 days notice. Let them leave. Get a lease from an attorney (or even the BiggerPockets version) instead of something you found on the internet. Know your lease and your laws inside/out.

You may even consider hiring a property manager for a while until you gain some knowledge/experience.