Full question:
We lease a house for one year. after the year ended the landlord ask us to stay another year. We said yes he was leaving the country and when he returned, we would sign another lease. 6 momth later he return and said his plains did'nt work out he wanted the house back. can He makes move before the year is over?
- Category: Landlord Tenant
- Subcategory: Verbal Lease
- Date:
- State: Georgia
Answer:
The legal relationship between a landlord and tenant is governed by contract and property law. A lease is a contract that grants the tenant the right to occupy the rental property for a specified time. While leases can be verbal or written, having a written agreement makes the terms clearer and easier to enforce.
In your case, the landlord must give notice before expecting you to vacate, even with a verbal agreement. Generally, if there is no written lease, the tenant must provide thirty days' notice to vacate. This is true even if the tenant pays rent weekly. The law treats oral agreements as a tenancy at will, which also requires a thirty-day termination notice (OCGA 44-7-6; 44-7-7).
Therefore, unless your lease states otherwise, the landlord cannot reclaim the property before the year is up without following the proper notice procedure.
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.