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due after the eviction. The exception to this ruleis when the lease contains language that clearly

expresses the landlord’s intention to hold the tenant responsible f r rent under the lease, even if

an eviction takes place. The l ndlord is required to deduct fromthe amount owed by the tenant

any amounts recovered by the landlord’s re-letting of the property.

My tenant’s lease has expired but he continues living in my rental property and will not move. What can I do?

Under Georgia law the owner ofreal property who wants toremove a tenant can file in

court to have the tenant removed. The dispossessory process can be use by the owner to remove

tenants who fail to vacate when their lease ends. It can also be used to remove a tenant who has

failed to make required rental payments.

I allowed a friend to move in a house I own until he could find another place to live. I did not charge him any rent. It has been more than three months and he has not moved. I need for him to move. What can I do?

Even though you did not charge rent, you created a landlord tenant relationship when you

gave your friend the right to possess and use yo real property. A tenancy-at-will is created

when the tenant’s right to possss the property does not have a sp ific end date. Your act of

allowing your friend to use your property without a specified end date created a tenancy-at-will.

To end a tenancy at will you must give a sixty60) day notice to vacate. If you want to allow

your friend to remain but wish to begin chargin rent, you would have to give a sixty (60) day

notice of your intent to change the terms of your agreement and begin charging rent.


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