Can I get rid of this tenant?
Hi guys,
My problem is this, I leased a home to a family that moved from another state. They closed on the sale of their home 6 weeks after arriving and moving into my property. I advertised the property as Lease/purchase, and they agreed that this was their intent. However, they signed a traditional lease agreement and gave me a security deposit and so on.... with the promise of incoming funds to put down 3 percent deposit on the house.
Needless to say, the money was not forthcoming. But they still want to sign the Lease purchase agreement, with the promise of a deposit in a couple of months. I WANT THEM OUT OF MY HOUSE!!! Legally, of course. I simply made a dreadful mistake, and I don't trust them. This a beautiful property in a great area, and I am taking a severe hit with these people in it. What can I do in Georgia? Any comments are appreciated.
PHyllis 
Unless the tenants have violated some provision of the lease that permits you to terminate the lease, you are bound by this lease.
Your only recourse may be to let the lease run its course, then give the tenants notice to vacate 60 days prior to lease expiration. Check your local landlord tenant laws to check on the lease termination notification timeline for your area.
I was talking to a Carleton Sheets coach and I was discussing a very simialr situation. He told me that under a general lease agreement the Lessor doesn't need a reason to ask a tenant to vacate a property. Does the contract say anything about recieving the deposite at a later date? If this is the case and you still havn't recieved it, they are contractually in default of thier lease. Also most lease agreements stipulate that payment must be made by the 1st and late by the 5th. Keep records of any late payments because this is another reason to ask them to vacate the property
Dan
I would suggest going to:
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/44/7/1&highlight=landlord|tenant
This site covers your rights as well as your tenents rights in your state
[addsig]
Because your tenants did not sign a lease/purchase agreement, you should communicate to them that you have decided to not sell the property. Explain how you have decided to keep it in your "rental portfolio". A basic yet essential requirement that all lease contracts should stipulate is "payment due date". I always make my rents due of the 1st and late after the 5th. If this is the case with you, you can evict based on late payments alone. Request money orders for payment and if they are late always make a photo copy of the the money order or check.
Remember, it's critical to write tight leases with all your tenants.
John Adams has some great materials on the subject of property management. Check it out www.money99.com