Legal Question in Landlord & Tenant Law in Georgia

I gave my tenant 3 days notice for my arrival to inspect and assess repairs for AC concerns as well as plumbing. Due to hostilities between the two of us (irrational aggression from the tenant), she would not allow me to enter the premises. Police were requested to help mediate the situation, but once at the scene, the officer stated he could not do anything and this is a civil matter for the courts. So I left with out being able to enter the premises.

I have full right to enter the premises with 24 hour notice for repair concerns as defined below from me lease contract:

"In addition to the rights provided by applicable GEORGIA law, in the event of an emergency, to make repairs or improvements or to show the premises to prospective buyers or tenants or to conduct an annual inspection or to address a safety or maintenance problem or to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease, Landlord or Landlord's duly authorized agents may enter the premises. Except in cases of emergency, Tenant's abandonment of the premises, court order or where it is impractical to do so, Landlord shall give Tenant reasonable (24 hours) notice before entering.

Because the tenant would not let me in I believe I can begin eviction process based on the below section of our contract:

Grounds for Termination of Tenancy: The failure of Tenant, guests and invitees of either tenant or guests to comply with any term of this Lease is grounds for termination of the tenancy, with appropriate notice to Tenant and procedures as required by law.

I need feedback if I can move forward with an eviction process? If not, what can I do to get the tenant to leave? Must it be the standard 2 month notice? I would appreciate any feedback.


Asked on 8/28/16, 6:19 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Yes, you can demand possession of the property for breach of the access provision and then file a dispossessory action if they don't leave by that date,

www.macgregorlyon.com

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Answered on 8/29/16, 6:51 am


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