What grounds doI need to evict a tenant?

My tenant has been late with rent 3 times and has given me 2 bounced checks. Her sex offender boyfriend moved in-lease violation. Can I evict her?

Asked on March 6, 2012 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You probably cannot evict for a sex-offender moving in with her. You can evict for--

1) Nonpayment--the next time she does not pay on time, you could bring an eviction action as soon as she is late.

2) Habitual late payment of rent, though you need to provide her with the correct notice and opportunity to "cure," or correct, the behavior.

3) If she or any member of her household damages the premises intentionally or through gross negligence.

4) If she or any member of her household disturbs the peace of other residents of the building, after notice to stop doing so.

5) If she or a member of her household violate an provisions of a written lease, after notice to cease violations.

The first reason for eviction stated above is straightforward; assuming you own the building directly yourself, rather than through an LLC or corporation, you could bring that eviction action on your own. (If the building owner is an  LLC or corporation, however, you will need an attorney.) The other reasons are a bit more complex and, as discussed, require that the proper notice be served; you should consult with an attorney to explore those options.

Also: if she is a month-to-month tenant (which includes being a tenant on an oral, sometimes called verbal, lease), you could give her 30 days notice that her tenancy is being terminated, then evict her if she does not move. Or if she is on a written lease for a definite term and it does not have some sort of automatic renewal provision, if it's going to expire soon, do not renew it, then bring an eviction action if she holds over without permission.


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