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I just sent my tenant roommate the notice of quitting the…

I just sent my tenant...
I just sent my tenant roommate the notice of quitting the property yesterday within 30 days, i.e. April 15. The rent due is coming up in April 1. If he does not pay the April 1 to 15th, can I file eviction him right away after 3 days after April 1?In the mean time, can I remove the washer and dryer from the property so he will not be able to use?The property is located in Martinez, GA.
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Answered in 7 minutes by:
3/16/2018
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,560
Experience: Lawyer; developer/owner of RE developments.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Good morning. You may not remove the washer and dryer as you are not allowed to eliminate any amenities prior to them leaving as it would likely be deemed to be a constructive eviction. And, GA has recently changed their timeline for a landlord to terminate a tenancy. While the tenant has only to give the landlord 30 days to terminate a month to month tenancy, a landlord must give the tenant 60 days. If the tenant does not pay the rent, however, you can skip the 60 day notice period and go directly to giving the tenant a 7-day notice to quit.

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Customer reply replied 1 month ago
When did the law change to 60 days?
Customer reply replied 1 month ago
If the tenant does not pay next month, but after I filed eviction, if he pays, what option do I have?

You don't have to accept the payment; you can continue with the eviction. I don't have the specific date...I'm sorry!

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Customer reply replied 1 month ago
I can simply wait for 3 days when he does not pay after april 1 and then give the 7 day notice, right? Does the 7 day notice have to be filed from court?

Yes...No, the 7-day notice is from you; the court only becomes involved if your tenant does not leave after the 7-day notice to quit. That's when you file your petition with the court for the eviction order.

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Customer reply replied 1 month ago
Tku. Must the 7 day notice be from a certified mail or can be delivered by hand? If after 7 days, he does not quit, after I file eviction order, how long will it generally take?

It can be delivered by hand, but the tenant needs to sign for it or you need an independent witness so you have proof it was delivered and when in case the tenant were to claim it was not delivered. It depends upon the court docket, but typically you can get a hearing in a couple of weeks. The eviction order is issued the day of the hearing usually and then it takes the sheriff a few days to execute the order.

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Customer reply replied 1 month ago
Thank you. If I already gave him a 30 days notice, will it be a violation of law? Yesterday, I got the answer from you about the 30 day notice. Do I have to give 60 days again to replace that notice?

You'll want to replace it with the 60 day notice.

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Customer reply replied 1 month ago
OK. Thank you.
Customer reply replied 1 month ago
If he does not quit the property in 60 days, can I file it immediately or shall I do another 7 days to quit notice prior to eviction?

Immediately. And, you're welcome. Have a good weekend.

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Customer reply replied 1 month ago
Thank you.

My pleasure!

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Customer reply replied 1 month ago
If I send him a notice of 60 days via registered mail, will it be valid from today or the day he receive it?

Upon receipt.

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Customer reply replied 1 month ago
OK. Tku.

You're welcome.

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You're welcome.

insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 56,560
Experience: Lawyer; developer/owner of RE developments.
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