A tenant moved into my property Wednesday, 1/22/14, had utilities turned on, paid deposit and prorated rent. Contract was to be signed Saturday, 1/25/14. Friday, 1/24/14, tenant called to say they would be moving out on Saturday. Do I have to return the deposit and prorated rent?
Answer
If there is no lease, it is a tenancy at will and the tenant normally has to provide 30 days notice. You could take the position they owe through February 23. Obviously, it is (or should be) a lesson learned about getting a lease signed in the beginning. You should be familiar with this book if you are going to be a landlord. https://www.dca.ga.gov/housing/HousingDevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf
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