Legal Question in Landlord & Tenant Law in Georgia

We are renting a house and the home owner says he going the put in his will that if he were to die that who ever he left his propery to could not make us move. Is this legal if we have a signed paper say this?


Asked on 10/22/13, 4:37 pm

1 Answer from Attorneys

No. First, no one knows what condition the estate will be in when the owner dies. Maybe his estate will need money and the property will have to be sold. Is any new owner going to want to buy the property and have you for a tenant? Maybe and maybe not. I don't see how binding this is going to be. Even if the designated beneficiary inherits the property I don't see how the will could bind any new owner. All that the current owner can do is say something like "upon my death, my property shall pass to x and it is my hope and desire that if x continues to rent the property that he rent to y" or something like that. Why not sell the land to you if the owner is so concerned?

This is yet another reason why people need a will done by a lawyer. They need to discuss stuff like this so that they do not try to get fancy and draft unenforcible or unlawful clauses on their own.

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Answered on 10/22/13, 10:33 pm


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