[GA] My tenant won't sign a corrected lease, is eviction necessary?
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Good day, and thank you for confirming. The updated Georgia Code § 44-7-7 (2024) does change the landlord notice requirement from 30 days to 60 days.
Here’s the key issue:
Since the mistake in the lease (identical start/end date) was a typographical or scrivener’s error, either party could argue the lease is still enforceable with the corrected date.
You want them out, so you’d argue the lease isn’t valid due to the mistake and they are now tenants at will. The tenant, however, could argue the lease is valid and just needs the typo corrected by the court.
If the court agrees with the tenant, the lease can be enforced — with the corrected date — meaning you’d have to honor that lease.
You would need to prove the intended lease end date when the original lease was signed — any emails, messages, or written communications stating April 30 would help you.
If there’s no clear agreement, the court may consider the lease ambiguous and lean toward the tenant’s position.
You can try giving a 60-day written notice. Then it's up to the tenant to object or challenge it. They'd have to prove the lease was meant to last longer. You’d argue it was only intended to run through April 30.
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So I chatted with a lawyer last night. I rented a room in my house to someone. The lease has issues — the start and end dates are accidentally both March 21, 2025. I sent a corrected lease for March 21 to April 30, 2025, but they didn’t sign it. The last lawyer said it's now “at-will” so I can give 30-day notice. But I saw that the law might say 60 days for a landlord. Would I just evict them, or what’s my next step?
He’s wanting to stay until May or June. I only wanted it through April 30. Neither of us had an actual end date discussed…
Hello and welcome to AskaLawyer. I'm LawEducator, and I’m pleased to assist you today with providing answers for educational purposes only. Sometimes replies take a moment — thank you for your patience.
- Are you in Georgia?
- Did they sign the original lease with the mistake?
- Are they paying rent on time?
- Do they live in the house with you as a border/lodger?
- Yes, I’m in Georgia.
- Yes, they signed the original lease.
- And yes, they paid the first month — it’s only been 8 days.
- They live in my home as tenants.
Good day, and thank you for confirming. The updated Georgia Code § 44-7-7 (2024) does change the landlord notice requirement from 30 days to 60 days.
Here’s the key issue:
Since the mistake in the lease (identical start/end date) was a typographical or scrivener’s error, either party could argue the lease is still enforceable with the corrected date.
You want them out, so you’d argue the lease isn’t valid due to the mistake and they are now tenants at will. The tenant, however, could argue the lease is valid and just needs the typo corrected by the court.
If the court agrees with the tenant, the lease can be enforced — with the corrected date — meaning you’d have to honor that lease.
You would need to prove the intended lease end date when the original lease was signed — any emails, messages, or written communications stating April 30 would help you.
If there’s no clear agreement, the court may consider the lease ambiguous and lean toward the tenant’s position.
You can try giving a 60-day written notice. Then it's up to the tenant to object or challenge it. They'd have to prove the lease was meant to last longer. You’d argue it was only intended to run through April 30.
I’ll try to negotiate a date with them — because they’re harassing me at this point. It’s really uncomfortable.
I understand. The best approach is to negotiate a clear agreement and get them to sign it.
Hostility makes things difficult, but it’s still best to try resolving it without legal action.
So I basically need to negotiate a lease end date and get it signed.
But if they don’t agree, I give them a 60-day notice?
Correct. If you cannot reach an agreement and they’re still there after April 30, you can serve a 60-day written notice to vacate under Georgia law.
Okay, thank you!!
You’re welcome!
Take care!
