Athens, GA asked in Landlord - Tenant and Probate for Georgia

Q: How long does the PR of an estate in Georgia have to remove personal affects of a deceased renter from home?

PR of estate has been recognized by probate court as of this month. Landlord of renter (the deceased) has sent letter of notice to quit lease to PR stipulating property must be entirely clean. Renter was on a floating month by month lease in an old home and acquired decades of stuff. PR lives out of state and is poor. A lawyer has been retained but is super busy and not forthcoming with info. Can the landlord evict so quickly AND demand clean home? Will PR be liable for failure to thoroughly clean property? It’s a very old house that landlord minimally kept up. I was his best friend and I’m trying to help his cousins, the only surviving relatives he had.

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1 Lawyer Answer
Seth Meyerson
Seth Meyerson
Answered
  • Probate Lawyer
  • Senoia, GA
  • Licensed in Georgia

A: The landlord can demand whatever he wants. If he wants an eviction he will have to convince a judge what he is doing is right.

The deceased has a month to month lease. In GA the LL needs to give 60 days notice to term so long as the lease is being fulfilled (you must pay rent). He also must follow the eviction process after this.

1. demand the property

2. File an eviction

3. If You answer.

4. hearing is set.

5. If you lose at the hearing

6. One week til writ of possession issues.

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