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Can landlords file a dispossessory affidavit before December 1, 2007?

Can landlords file a dispossessory affidavit before December 1, 2007?

Full question:

We received a call from our landlords on Nov. 14, 2007 stating that if we did not pay 2/3rds of our November [2007] rent by December 1, 2007 we should be prepared to leave the rental property on December 1, 2007. Our response was that we are working on that. On November 19, 2007 we received another call from our landlords stating that if we did not pay all of November's [2007] rent plus late fees by December 1, 2001 we should be prepared to leave the rental property on December 1, 2007. This time, our response was that we did not think we would have the monies by the first. We also said that we did not see how we could be prepared to leave by December 1st; therefore we would have to go through the eviction process. On November 20, 2007 they filed an Affidavit for Summons of Dispossessory with the Magistrate Court of our county. The way we understand the State of Georgia Landlord Tenant Law Official Code 44-7-50, the landlords must demand possession of the property and we must refuse or fail to give up said property when demanded, before an Affidavit for Summons of Dispossessory can be filed. Since our landlords have only "demanded" possession of the rental property on December 1, 2007, it is impossible for us to have refused or failed to give up possession of the property, yet. Do our landlords have a legal right to file an Affidavit of Summons of Dispossessory, given the above circumstances?

Category: Landlord Tenant
Subcategory: Residential Lease
Date: 04/07/2025
State: Georgia

Answer:

According to Georgia law, specifically Official Code 44-7-50, a landlord can demand possession of a rental property if the tenant fails to pay rent or remains beyond the lease term. If the tenant refuses or fails to vacate after this demand, the landlord can file an Affidavit for Summons of Dispossessory.

In your situation, the landlords have only demanded possession on December 1, 2007. Therefore, you have not yet refused or failed to give up possession, as that demand has not occurred yet. Based on this understanding, your landlords may not have the legal right to file the Affidavit for Summons of Dispossessory at this time.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the federal laws for landlords?

Federal laws for landlords primarily include the Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Additionally, the Americans with Disabilities Act requires reasonable accommodations for tenants with disabilities. Landlords must also comply with federal regulations regarding lead-based paint disclosures in properties built before 1978. It's important for landlords to understand these laws to ensure fair treatment of all tenants and avoid legal issues.

Can my landlord ignore my calls?

While landlords are generally expected to respond to tenant inquiries, there is no specific law requiring them to answer every call. However, if you have urgent maintenance requests or legal concerns, it is reasonable to expect a timely response. If your landlord consistently ignores your calls, you may want to document your attempts to communicate and consider sending a formal written request for assistance.

What does the Tenant Protection Act cover?

The Tenant Protection Act varies by state but generally includes provisions to protect tenants from unfair eviction, excessive rent increases, and retaliation for asserting their rights. It often mandates that landlords provide adequate notice before terminating a lease or raising rent. For specific protections in your state, it’s best to consult local laws or a legal professional.

Can I break my lease if my landlord is selling?

In most cases, you cannot break your lease simply because your landlord is selling the property. The lease agreement remains in effect until its expiration unless there are specific clauses that allow for early termination. However, if the new owner intends to occupy the property or if the lease is not honored, you may have grounds to negotiate an early termination.

What are the rights of a landlord in the United States?

Landlords in the U.S. have the right to collect rent, enforce lease terms, and enter the property under certain conditions, such as for repairs or inspections. They can also evict tenants for non-payment of rent or lease violations, following state-specific legal procedures. However, landlords must comply with fair housing laws and cannot discriminate against tenants.

What if my landlord won't respond to me?

If your landlord is unresponsive, start by documenting your attempts to communicate, including dates and methods used. You may send a formal written request outlining your concerns. If the issue persists, consider seeking assistance from a local tenant's rights organization or legal counsel to understand your options and rights under state law.