Real Estate Investor · Clarkesville, GA · Member since 2017 · 32 posts · 4 votes
Goodevening BP! I’m looking at a deal I got off of direct mail. The property would be a flip but is in terrible shape and apparently has a tenant. When asking the owner about the tenant her story is that he moved in under the agreement to fix up the property and had done the opposite since, all without paying any rent. The current owner says she has tried several times to evict but hasn’t been able to do since the eviction moratorium.
I called the local magistrate court that handles evictions and she says the governor ruled the moratorium unconstitutional so it has been lifted in the state (GA) as of a few weeks ago.
What does evicting a tenant with no formal lease look like? Sounds like it be cut & dry but through experience it seems like there a lot of grey area here which usually in turn makes things harder.
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
5y
@Logan Pourbaix whether there is a written lease or not does not make a whole lot of difference. Most jurisdictions will treat no written lease the same as MTM. I would not try to do this eviction without an experienced REI attorney. All the best! Keep us posted!
Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
5y
Here in Georgia it's typically a 3 day notice to Pay or Quit then a trip to the Clerk of Court for filing.
Your other option is to terminate this tenancy at will since there is no written lease in place. This would require a 60 day notice to vacate; followed by the filing for the dispossessory through the court system.
It's a pretty cut and dried situation. In my county dispossessory filings have continued throughout this pandemic (although at a slower pace).
The benefit of using an attorney familiar with evictions is that a formal letter from one sometimes tends to light that fire under a tenant hesitate to vacate quicker than a landlords effort.