Problematic tenants

Asked by Tj, Atlanta, GA Fri Nov 14, 2008

Tenants didn't pay rent, lease has expired. Promised to meet today to pay the rent and also hand over the key but tenants failed to show up. The house has been vacated looks like since neighbors saw them moved out in the last couple days and I have tried to knock the door and none answered and inside looks empty already.
Several questions:
1. Can I assume that the property is back to me? Or I have to wait and meet the tenant?
2. In the lease agreement, I have specified that I may show the premises to prospective new tenants or purchasers in the last 30 days of the lease or in the month to month period after the lease term. Does it mean that I have the right of access to the property inside?
3. Tried to contact the tenants several times but tenants didn't cooperate, how do I chase the unpaid rent if I have no clue where the tenants live now? Is there a way to know where the tenant lives now and moreover get my unpaid rent?

Thanks in advance for the help.

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Hank Miller, Agent, Alpharetta, GA
Sat Nov 15, 2008
Oh yeah, the joys of being a landlord!

Deryk is right, don't do anything without bouncing it off a lawyer that knows this side of the business - it's amazing how many "rights" tenants have even when they pull this garbage. Good luck TJ....
1 vote
Deryk Harper, Agent, Alpharetta, GA
Fri Nov 14, 2008
I would also recommend contacting a good tenant eviction attorney. You probably still have to go through either an eviction process or at the very least a "notice of abandonment" process before taking possession. You should have the right to access the property for inspection to at least verify the current condition of the property but if I were you I would seek competent legal advice before attempting to take possession of the property.
1 vote
Deryk Harper, Agent, Alpharetta, GA
Fri Nov 14, 2008
Hi TJ,
We own several rental properties and manage properties for other investors as well. A lot of your questions have to do with the exact wording of the lease you had with your tenants...the rest of the answers can probably be found in the Georgia tenant/landlord code. Here are some helpful links:…

Web Reference:
1 vote
Bill Eckler, Agent, Venice, FL
Sat Nov 15, 2008

As previously mentioned, the best course of actio is to refer this to an attorney.....but if the lease has expired, it has been reported to you by neighbors, that they moved out, and it appears there is no one there.....I'm uncertain why you would need to implement the eviction process?

Your contract says you can enter the property to show it and you can also enter it to deal with an emergency. If your decision it to enter the home, we would suggest you do so with a credible witness...a policeman, fireman, plumber, etc.

Again, your best bet is to speak with an attorney or the police before doing anything.

Good luck
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