Georgia Complaint regarding double rent damages for holdover

State:
Multi-State
Control #:
US-01621
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Word; 
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This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

Continuing to Stay After the Lease has Expired This is another just cause for eviction in the state of Georgia. A tenant who continues to stay after their lease has expired is known as a 'holdover' tenant. You must serve them a notice before evicting them. If a tenant pays, the eviction hearing cannot proceed.

Section 44-7-50 - Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice (a) In all cases when a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to such tenant or fails to pay the rent when it becomes ...

Ga. Code § 44-7-55 (b) If the judgment is for the tenant, he shall be entitled to remain in the premises and the landlord shall be liable for all foreseeable damages shown to have been caused by his wrongful conduct.

Every Georgia landlord has up to 30 days from the day the tenant left the property to return the deposit with an itemized list of deductions via first-class mail. Landlords must inspect the unit within three business days after the lease ends if they want to make the itemized list of damages.

In Georgia, landlords cannot kick tenants out of or prevent access to a unit without first going through the court dispossessory (eviction) process. Self-help evictions are illegal, even if the tenant has violated the lease.

If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of such owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy ...

If your tenant left intentional damages, the security deposit might not cover all of the damages. Suppose you have utilized all the security deposit, and there are remaining expenses left over to repair the damage left by the tenant. In that case, you may either cover the costs yourself or sue the tenant for damages.

Article 1 - In General. § 44-7-7. Tenancy at Will ? Notice Required for Termination. Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will.

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Georgia Complaint regarding double rent damages for holdover