Legal Question in Landlord & Tenant Law in Georgia

I am currently under a lease that ends on April 30, 2017 at midnight. I turned in a new lease agreement on Monday, April 24, 2017 @ 08:32am to my property manager's office stating that I would be renewing a 12-month lease that will begin on May 1, 2017. I subsequently had an incidence of a person lurking outside my window at 02:35am on April 26, 2017. I was able to scare the person away when they realized that I was aware of their presence. I, not knowing what to do, in a panic, and not thinking clearly did not notify the police right away because I really didn't have any description to give them after I only saw a person fleeing when I was able to look out my window. After coming to my senses and discussing the incident with friends, family, and a personal acquaintances who works in law enforcement, I did file a police report). I notified the property manager via voicemail and was called back that morning and told them about the incident and that I did not feel safe or desire to reside there any longer so I wished to retract my lease renewal since in my impression, it was not legally binding until the 1st of May, 2017. I desired to place my 60-day notice instead and proceed with a month-to-month contract for the duration of time it would take me to vacate the premises and locate a new residence. I was informed that I could not do so because I had already submitted my lease renewal. I attempted to express my feelings of discomfort, that I have been a model tenant at the premises for 4 years already and I just wished for my peace-of-mind and sanity to move out. I was denied, and told I would have to break my new lease (which does not start until May 1st as stipulated on the lease itself), which would result in me paying the equivalent of 4 months of rent. I would have to pay the rent for the duration of the 60 day notice, as well as the following month after the 60-day notice was complete and then the termination fee (which is the amount of another month of rent). I was encouraged by friends and family to pay the money but attempt to litigate the matter as well because I am being held to a contract that has not began yet. I agree with the fact that I am giving a late notice and I should have to pay my 60 days of rent, but I fully intend to vacate the premises long before the 60 days is up, because I al afraid to be in my apt at night when I am alone. I just would like to know if there is any legal advice, or guidance that anyone can share with me regarding the matter?


Asked on 4/27/17, 3:36 am

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

Getting to the relevant facts of the post - we don't have the lease, so why do you believe it is somehow not binding, and you can cancel, before May 1? Does the lease say you can cancel for a certain time? I expect you confuse the issues.

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Answered on 4/27/17, 3:42 am


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