Legal Question in Landlord & Tenant Law in Georgia

60 day notice

I moved out of my apartment and turned in my keys on the last day of the lease. I did not renew. The complex said that because I did not give them 60 day's written notice as stated in my lease that I owed them 1 month's rent. I went back over my lease and it stated that if I did not give notice that I would be placed on a month to month lease until 30 days notice was given by either party. It did not mention a 1 month's rent fee execept in the paragraph about early termination.

I do not occupy the apartment anymore. Can they charge me for the rent if I don't live there and they closed my account when they gave me a bill? The bill they gave me said they closed the account on the last day of my lease. Doesn't that mean they accepted my leaving without notice and that I am not on a month to month lease with them?


Asked on 5/15/08, 11:13 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: 60 day notice

Obviously (at least from your post), you had a 30 day notice provision and you did not provide it, thus the 30 days rent still due. What does "closed your account" mean? What "account" did you have with the landlord? More appropriately, what do you have that expressly states that they are releasing you from, or waiving, all fees and charges under the lease? Whether or not you occupy the apartment is not relevant if you owe the termination fee. Most apartment complexes report to credit bureaus, and to future landlords, so better to resolve this now.

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Answered on 5/16/08, 4:21 pm


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