If I am a landlord and am evicting a tenant for 2 months of non-payment, can I start advertising for the vacancy?

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If I am a landlord and am evicting a tenant for 2 months of non-payment, can I start advertising for the vacancy?

The court date is set for about 2 weeks from now. The tenants still have a few small things in the property like pictures, flowers and a a few empty boxes. Can I list the rental property now? Ans as a landlord do I have the legal right to start showing the rental house before the court date while they still have items in the property?

Asked on February 24, 2012 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) You could start advertising for a new renter or tenant at any time, whether or not the current tenant is being evicted--the only thing you can't do is actually give a new tenant occupancy or possession until the old tenant has left, been evicted, etc.

2) You may show the apartment to prospective renters upon reasonable notice (usually taken to be 24 hour notice; best sent some way you can prove delivery) and at reasonable times (usually around 8 am to 6 pm or so). You can do this even while the current tenants are still tenants, let alone while they have items in the property.


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