In Oastler v. Wright, 201 Ga. 649 (1946), the property changed hands several times with Wright remaining there as a tenant. The Office of Price Administration approved an increase of weekly rental on the property. Upon demand of the increased rent, the tenant refused to pay more than his current rent, $2.35 per week.
In the dispossessory action that ensued, the landlord asserted the tenant had failed to pay rent on 74 occasions, which was true, but the landlord had accepted late payments from the tenant. In response, the tenant tendered the total amount of rent that he owed plus the balance of the purchase price, exercising his option to purchase the property.
If the landlord intends to dispossess a tenant but has accepted late payments in the past, then the landlord could have waived his right to insist upon timely payment. However, the landlord can reinstate this right by giving written notice that late payments will no longer be accepted.
Before a dispossessory warrant can be issued, it must be shown that a demand for rent owed is made and that the lessee fails or refuses to meet the demand.