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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33304
Experience:  12+ yrs. of experience including real estate law.
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I would like to know the rental laws in Georgia. Two of the

Customer Question

I would like to know the rental laws in Georgia. Two of the girls that work for me signed a 9-month lease on a home. The lease states that the management company has to give 24 hour notice before entering the property. Last month they entered the home without permission. Apparently, neighbors told them that the 2 girls had 2 boys living there. That was not true.
The following week they received a notice that the had 5 days to clean inside and outside of the property and remove all their belongings. They did all the cleaning but have not removed their personal belongings because they are still paying rent. Does the management company have the right to demand their personal property be removed before the lease is up and without any type of formal eviction notice or formal notice of lease violation?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.
I want to make sure I understand, the girls are current on rent? Are they leaving the property before the end of the lease.?
Customer: replied 1 year ago.
Yes, they are current on their rent and they plan on staying until the lease ends on May 31st.
Expert:  P. Simmons replied 1 year ago.
Thanks
Then they can stay. Georgia law is clear...ONLY a court can evict. IF the landlord wants them out (including their personal property) they MUST go through the courts.
It is possible...at least in theory, to evict them. IF there was a term in the lease that they violated, that could be a basis to void the lease and evict. HOWEVER, the landlord would have to give them notice, in writing, of the hearing date, and bring this to the court and let a court decide if eviction is proper. IF the landlord evicted them without a court order? They could sue for wrongful eviction.
Finally, one thing they may want to do is attempt to negotiate a settlement...seems the landlord wants them out. It may be they can negotiate an agreement where they leave early in return for some consideration from the landlord.
Please let me know if you have more questions. Happy to help if I can.
Customer: replied 1 year ago.
She has threatened to have their property removed and charge them $1500. She has no legal right to do that correct? I am just concerned that these girls are being taken advantage of because of their lack of experience. It is the first home they have rented.
Expert:  P. Simmons replied 1 year ago.
Correct. ONLY a court can evict. Period. Unless or until that happens? She has no legal right to evict them. Period.
If she does? They can sue her for wrongful eviction.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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