Legal Question in Landlord & Tenant Law in Georgia
30 or 60 Notice, on a month to month?
Hello. My question is, If an apartment complex mis-placed a lease agreement and the tenant never recieved a lease copy and they have the tenant on a month-to-month. Can the tenant pay the month to month amount and give the apt. complex a 30 day notice and vacate the apartment in the state of GA? Without ruinning rental history or credit rating? Thank you, Spencer
2 Answers from Attorneys
Re: 30 or 60 Notice, on a month to month?
If the terms of the lease are not shown and enforced by the landlord, then, yes, you may give 30 days' notice and move out on a month-to-month lease.
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Re: 30 or 60 Notice, on a month to month?
The terms of your lease control, whether or not one party has a copy. It is the responsibility of a party to get a copy, and know the terms, from the beginning. In your situation, the question seems to be what you can hold the landlord to given that it apparently has no copy of the lease. The safe thing to do is follow the terms of the lease to the extent you know what they are, or reach an agreement (in writing) with the landlord to resolve all issues. If you do not provide proper notice under the lease, you may risk the lanlord finding the lease and later holding you to it. The safest course of action is to reach a written agreement with the lanlord and not risk a future problem.
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