What is a tenancy at will? Landlord-Tenant Law in Georgia

Mike Nelson
Mike Nelson

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Many people mistakenly think of any month to month lease as a “tenancy at will” but this is not the case.  What 44-7-6 says is that “Where no time is specified for the termination of a tenancy, the law construes it to be a tenancy at will.”  If your tenant signed a lease at move in, and that lease has language that, after the initial term the lease will be continued on a month to month basis, then you do not have a tenancy at will.  If you have a well drafted lease form then all of the other clauses in your lease would still be applicable.  One of those clauses may require that either party, not just the tenant, has to provide a 60 day notice before terminating the agreement.  If you do end up with a tenancy at will, then the landlord would have to provide the tenant with a 60 day notice to vacate but the tenant would only be required to provide a 30 day notice to the landlord in order to vacate.

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