Can landlord legally kick me out for any reason? (apartment complex, lease) - Atlanta - Georgia (GA) - City-Data Forum

jhtrico1850 · 09-29-2011, 08:51 PM

http://www.dca.ga.gov/housing/Housin...t_Handbook.pdf

I tried reading here, but didn't get any clarity. I've been looking for a place hard, so I haven't been thinking straight.

I reread the lease, and it said

Landlord and tenant all retain to right to terminate this Agreement before the expiration date for any reason. Tenant must vacate premises within 72 hours of nonpayment or termination of this agreement.

Moving out in 3 days of not paying sounds fine, but I have to move out, 3 days after I get kicked out? It sounds like it's a free license for him to collect a full month's rent, and kick me out for nothing.

Is there some common sense law making this clause void?

I guess I could cancel the check, but Georgia law says I can't have a cooloff period to unsign a lease, so I'm not sure what to do...

jhtrico1850 · 09-29-2011, 09:37 PM

I dug a little deeper in the handbook.

It says,

When can a landlord begin legal proceedings to evict a tenant?
A landlord can file a dispossessory action to remove a tenant if the tenant fails to pay rent, violates a term of the lease, or remains in possession after the lease has ended. The grounds for evicting a tenant are nonpayment of rent, failure to surrender the premises at the end of the lease term, or breach of the lease, including any rules that are part of the lease.

So, I guess I don't have to worry about moving in for a few days and then getting kicked out.

Jimmeh · 09-29-2011, 11:05 PM

Unless you sign a three day lease, the ira seizes the property, or you agree to a stupid term. They could put in the lease if the water bill exceeds a certain usage they can give you the boot.

peachstatehomegal · 09-30-2011, 08:32 PM

Abide by your lease and you shouldn't have any problems - imho.

cityrover · 10-01-2011, 12:11 PM

Quote:

Originally Posted by peachstatehomegal

Abide by your lease and you shouldn't have any problems - imho.

hi, we've noticed there has been some trash around the hood. we think its you. we dont care who it is, but its you because we had to pick somebody. dont like it? aww tough. 150$ fine, and if you want to move, well you still owe us 8 months rent

so come again?

peachstatehomegal · 10-01-2011, 08:40 PM

hey cityrover, if you're talking about trash around the hood, then you must be with a homeowners association or something... that's totally different than a lease - unless you're not abiding by the HOA, and agreed to do so in your lease...

If you're talking in terms of an apartment complex, then make them PROVE that you're the trashy one...

Or am I missing something in that post?

ToucheGA · 10-06-2011, 01:33 PM

The question in your case seems to be this: If your landlord gives you notice of eviction, what can he/she do if you have not vacated the premises after 72 hours? I would consult an attorney about what your rights would be at that time.

I evicted a tenant due to non-payment several years ago. The legal process I had to go through took several weeks, and I had to complete this process before I could move her possessions onto the front lawn and change the locks. She did not attempt to ask for any extensions, and she did not request a hearing, so I do not see how the process could have been expedited.