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  1. #1

    Default "Oral Lease" in Georgia

    My question involves landlord-tenant law in the State of: Georgia

    Okay, here's the problem. I am a 26 year old adult, and my mother's fiance' wanted me to move in and float his mortgage for him by paying him rent to live in said mortgaged property, so that he could move out to live with my mother. My mother seems to have..."Control Issues" as I will call it. Anyways, I told the fiance' when I first moved in that if he did not have a written lease for me to sign when he moved out, that I would not be staying there when he moved, end of discussion. He told me he would have a written lease made up long before he moved out, which he has not, to this day shown me or had me sign. True to my word, when he moved out, so did I. I have rent reciepts current up-to-date of me moving out. I moved out 3 days before the month I had paid rent for was up. Not to mention, I gave him a $25 Bonus for letting me stay there, which he has yet to cash the check, one that I handed to him personally.

    Now, my mother is flipping out, sending me emails, and until I dropped my Phone Service, kept trying to call my phone, harrassing me about "Violating an Oral Lease I had with him and that if I do not pay him for the extra month, I owe him for, he will take it to civil court, and they will rule in favor of the one that followed the law". He has camera's on the house, so I know the camera's caught the footage of the day I moved out. (He's a bit paranoid of his neighbors)

    I am of the opinion, that since I signed no lease here, and I waited 6 months for said lease, still emptyhanded, I had waited quite a reasonable time before moving out due to him refusing to print up a lease for me to sign. I would think that a Landlord refusing to produce a written lease would seem underhanded. Not to mention the demands of "Absolutely no guests" and insisting that I not only clean up my messes(Not a problem to begin with), but his and his Dog's as well. I agreed to be a tenant, not a "Man-Maid that pays rent to be a Maid" (More respectful term than what we would call the same in Atlanta). So, I think he was being unreasonable with, not only his refusal to produce a written lease, but also the "No Guests" policy, and me cleaning up his messes.

    Whose case would hold up in court here? His: Defendant owes Plaintiff Extra Month Rent. or Mine: Defendant owes nothing due to no written lease..... I want this guy to quit harrassing me, but I need a case before I can actually tell him off.

  2. #2
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    Default Re: "Oral Lease" in Georgia

    You say you, in essence, gave him notice - you gave him a specific date when you would move out, unless he was paid up to date on the mortgage. If a court accepts that as what happened, I doubt that the court would award any rent past that date.

  3. #3

    Default Re: "Oral Lease" in Georgia

    Actually, I didn't give him a specific date. I kept bugging him for a written lease, and he kept saying "I'll write one up when I get the chance." I waited 6 months for this lease, without rersults, repeating my request in the meantime much more than should be necessary, even to the point of printing a genetral use one up myself for us tyo sign. He refused, saying -He- wanted to type up the lease, and I never saw one from him. No specific Date was mentyioned, but I told him when I first moved in "If you don't have a written lease for me by the time you move out, I'm not going to be staying here."

    The Landlord (Now Ex-LL) and my Mother came up to my workplace demanding to know where I was...my coworkers told me when I came back to work the next day "Your mother is nuts, and your Ex-Landlord is a greedy a***ole!" One of my coworkers was the person that helped me move my belongings to my new place, so he can attest to the date I moved out, and my Rent receipts cover that month that I moved out in. Even my Boss said that, "Reading between the lines, it was easy to see that all they wanted was money" (My mother was playing the "Omg! I'm so concerned for my son!"-card, yet everything she said came back around to me paying them money.)

    So yeah. I would think this guy came across underhanded enough about the written lease, and I told him when I first moved he should have me sign one before he moved, or his house would be vacated.

  4. #4
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    Default Re: "Oral Lease" in Georgia

    I'm not sure that it makes much of a difference that you didn't give a specific calendar date, if you instead defined a clear date ("when you move out") that was entirely within his control, and beyond that gave a full rental period's notice (i.e., you told him that more than a month before he moved out). But it makes things more complicated when you get to court.

  5. #5

    Default Re: "Oral Lease" in Georgia

    Well, I can get that. Everyone here in GA says that an "Oral Lease" as my Mother calls it, is not legally binding, and in that situation, it's no different than a month-to-month agreement without any prior Notice of Vacating Premises needed. I'm hearing this from people that don't even know each other, so it would seem to have some basis in truth. I plan on getting a Legal Opinion from a Attorney in a Consultation. If someione can get a Snippet of the Landlord-Tenant Relations Law for Georgia regarding this, it would be greatly appreciated.

  6. #6
    Join Date
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    Default Re: "Oral Lease" in Georgia

    Who is 'everyone' and why do you believe 'everyone'? In this context, 'everyone' would be wrong. Pursuant to Georgia Code Sec. 44-7-2(a), "Contracts creating the relationship of landlord and tenant for any time not exceeding one year may be by parol" (that is to say, unwritten). A lease of more than one year in duration must be in writing.

  7. #7

    Default Re: "Oral Lease" in Georgia

    The context of "Everyone" I refer to here is, "Everyone I have asked about this subject." Coworkers, Friends, etc. The Landlord in question and I never agreed on a set amount of time, and that's why I kept asking him for a Written Lease. He kept "Hinting" ("My son wouold absoluteluy love to rent this place, and at twice the amount you pay to live here.") that he had prospective tenants lined up to rent the place so that he could make money on the property, and he was being "Nice" by letting me rent the place. (I don't think being told you are a tenant, yet being told you have to pick up after the Landlord and his Dog, not to mention, his Guest's Kids that make a mess of the place, is "Nice")

    He even said when I told him I thought his terms were unreasonable "You don't like it, there's the door." So I would assume he didn't think I had a set amount of time agreed to rent the place. The guy was a Control Freak, and if I even questioned his terms, he went on a tirade about kicking me out then and there. So, even under those Legal Terms, our agreement was month-to-month, until he presented me with a Written Lease at best.

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