Untitled Deck Flashcards
What can a tenant who is a victim of family violence or stalking do?
A tenant may terminate a residential lease in 30 days by giving written notice to the landlord with a copy of a family violence protection order or stalking order issued to protect the tenant or the tenant’s minor child.
What is a tenancy at sufferance?
A tenancy at sufferance is created when a tenant wrongfully holds over, meaning they remain in possession past the expiration of the lease.
How long does a tenancy at sufferance last?
It lasts only until the landlord either evicts the tenant or elects to hold the tenant to a new tenancy.
How can a tenancy at sufferance be converted into a tenancy at will in Georgia?
Anything that indicates the landlord’s permission for the tenant to stay on the property will have this effect.
What is the doctrine of waste in relation to tenant duties?
A tenant cannot damage (commit waste on) the leased premises.
What specific actions are prohibited under the doctrine of waste in Georgia?
A tenant may not cut or destroy growing trees, remove permanent fixtures, or otherwise injure the property.
What is one duty of a tenant?
One of a tenant’s duties is to pay rent.
What is implied regarding the obligation to pay rent?
An obligation to pay rent is implied on a showing of the plaintiff’s title and the defendant’s non-adverse occupation.
What can a landlord do if a tenant fails to pay rent?
The landlord can evict through the courts or continue the relationship and sue for rent due.
What is the tenant’s defense in an eviction action for nonpayment of rent in Georgia?
The tenant has seven days to tender the rent owed, which is a complete defense.
What are the landlord’s options if a tenant unjustifiably abandons the property in Georgia?
The landlord can: (1) terminate the lease, (2) obtain another tenant while holding the original tenant liable for any deficiency, or (3) permit the premises to remain vacant while collecting the agreed-upon rent from the original tenant.
What is the landlord’s power regarding distress in Georgia?
The landlord has the power to distrain for rent as soon as it is due if the tenant seeks to remove their property from the premises.
What can a landlord do if they do not receive rent when due?
In some states, a landlord can assert a lien on the personal property found on the leased premises.
