What is a Tenant at Will (in Georgia)
There are all kinds of tenancies out there. Immediately people think that one renting situation is exactly the same as the other. And that’s just not true. Rental agreements can look different and can have a number of different types of terms. One common type is called “tenant at will”, which is fairly common here in Georgia. Of course, different states can have slightly different regulations set in law that clarify these things. So what is a tenant-at-will in Georgia? And more importantly, what state and federal laws do you need to know, both from the perspective of a landlord or a tenant?
Knowing the terms of rental agreements front and back is part of the job. Our Atlanta property managers need to know what these kind of terms mean in general along with any local or state-based intricacies that may exist. Some states are more “friendly” to certain types of tenancies than others… some give more flexibility than others. Let’s dive into this particular type and learn more about what it means for Georgia residents.
Table of Contents
- What is a Tenant-at-Will in Georgia
- Guide for Having a Tenant-at-Will Arrangement
- For Landlords: How BMG Can Help
What is a Tenant-at-Will in Georgia
So what is it exactly? So, a tenant-at-will in Georgia is when a person occupies rental property with the landlord’s consent but without a formal lease agreement that specifies how long the person will be living there. This arrangement provides flexibility for both parties, allowing the tenant to reside on the property until either the landlord or tenant decides to terminate the agreement. Such tenancies can arise through an express contract, by statute, or by implication when no specific term is outlined.
Ending (or in other words, terminating) an arrangement that involves a tenant-at-will in Georgia requires notice… whether you are the landlord or the renter ending things, there needs to be formal communication of this. Interestingly, it matters who is giving the notice that determines how much notice there needs to be. Landlords need to provide a 60-day notice to the tenant to terminate the tenancy, while tenants are required to give a 30-day notice to the landlord if they choose to leave. These notice periods are mandated by Georgia law to ensure both parties have adequate time to make necessary arrangements.
It’s important to note that even without a written lease, tenants-at-will in Georgia retain certain rights and protections… that is, under both federal and state laws. So, it’s not like it is the Wild West suddenly just because the terms are a certain way. For example, landlords cannot forcibly remove a tenant without following the proper legal eviction process, and any changes to the terms of the tenancy – such as rent increases or duration of the rental arrangement – require appropriate notice. Both landlords and renters should be aware of these parts of any agreement to maintain a fair rental relationship.
Guide for Having a Tenant-at-Will Arrangement
If you’re seeking out what a tenant-at-will in Georgia is, you probably live in a rental property with the landlord’s consent but without all the common terms regarding how long it will be… or you are a landlord overseeing this type of arrangement. This type of arrangement offers flexibility, allowing either party to terminate things with appropriate notice. However, it’s important to understand your rights and responsibilities to maintain a good landlord-tenant relationship.
Giving proper notice is generally considered one of the key things to keep in mind. Landlords are actually required to provide a tenant-at-will in Georgia with a 60-day notice before terminating the tenancy or even changing any terms of the original agreement. At the same time, tenants need to give a 30-day notice to the landlord if they want to terminate things on their end. These notice periods are there to offer both parties enough time to adjust to changes. So it makes sense.
Let’s go over a few general rules of thumb when it comes to rental arrangements involving a tenant-at-will in Georgia.
General Tips for Tenant-at-Will Situations
- Maintain Open Communication – Regularly discuss any concerns or changes with the other side, whether you are the landlord or tenant… generally try to create a positive relationship.
Document Agreements – Even without a lease that includes all the terms, put any agreed-upon terms in writing as much as you can.- Understand Notice Periods – Be aware of the required notice periods for terminating the tenancy… this can help avoid potential disputes.
- Keep Records of Payments – Maintain receipts or records of all rent payments.
- Know Your Rights – Familiarize yourself with Georgia’s landlord-tenant laws to protect your interests.
- For Georgia Residents: Adhere to Notice Periods – Landlords need to provide a 60-day notice for termination or changes, while tenants are required to give a 30-day notice.
- For Georgia Landlords: Be Prepared for Non-Payment – In Georgia, if a tenant-at-will fails to pay rent, the landlord can demand possession without adhering to the standard 60-day notice period.
For Landlords: How BMG Can Help
Knowing the ins and outs of different types of tenant arrangements is just the tip of the iceberg. Being a landlord or property manager involves being an expert and managing a ton. Having a comprehensive property management team to help usher both landlord and tenant through the entire thing… suddenly it can seem like a weight has been lifted off your shoulders.
Bay Property Management Group is a full-service rental management company that helps owners find excellent tenants, maintain rentals, and maximize profits. We can help whether you need help marketing rentals, screening tenants, collecting payments, performing maintenance, and more! Contact BMG today to learn more about our rental management services in Atlanta, Texas, Boston, Baltimore, Philadelphia, and elsewhere.
