Legal Question in Landlord & Tenant Law in Georgia

30 day rent charge.

I live on the west coast and the laws are much different out here. My elderly mother however has been living in an apartment in alpharetta for the past 2 and 1/2 years. She needs to break her lease due to personnel and health issues and move in with my brother in sugarhill. The landlord has told her she is required to give a 60 day notice and a last month rent. (3 months)The apartment will be under construction though after she moves out for structural repairs and remodeling. Is she still required to give a last month rent? On the west coast you cannot charge someone for rent if the apartment will be under construction because technically there are no damages existing anymore. You will not be able to rent it out as livable space and or paint, clean carpet, etc. because you will be under construction and would not provide those services as is. Also he did make the comment to my mother that if she did not do as instructed by him that he does sue which to me is a scare tactic to an elderly woman who is not familiar with rental laws and agreements. Please help! I am 3000 miles away and do not know GA laws myself. However I am educating myself quickly. Thank You!!!!


Asked on 6/25/07, 2:26 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: 30 day rent charge.

You fail to address the main issue - what are the terms of the lease. You also do not state when the construction will start - a date certain, or whenever she moves out. Start with the lease.

Read more
Answered on 6/25/07, 2:30 pm
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: 30 day rent charge.

Based on my expereince mediating in Fulton County Landlord Tenant Court, I can tell you that Georgia law does not USUALLY interfere with the terms of the lease. If you do not feel comfortable examining the lease, or feel confident that you understand what lease provisions might be prohibited by Georgia law, then you should hire an attorney who is familiar with Georgia landlord tenant law to assist you and communicate with the landlord.

Read more
Answered on 6/25/07, 3:07 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Georgia