Legal Question in Real Estate Law in Georgia

30 day notification

I have recently found a house and have given the renter of my apartment notice. They replied that I must give thirty days of notice although my lease ends in about 2 weeks (April 30). In the state of Georgia, can they legally charge me a pro-rated, month to month fee for the remainder of the thirty day period that falls outside the termination of my lease on April 30? The 30 day period would end May 17. As well it is stated in the lease that thirty days of notice must be given.

TIA


Asked on 4/18/00, 4:12 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: 30 day notification

Any answer we give is subject to the TERMS on our web page.

Based on the very few facts you listed it would seem your landlord (LL) is wrong. Check the lease. Some leases states that if you do not give the LL notice within 30 days of the end of the lease, you are deemed to have renewed on a month to month basis. Some state that if you stay in the property after the expiration, the you have become a mo. to mo. tenant (T).

Assuming these clauses do not appear in your lease, then your LL would be wrong. Why? Because you gave the LL NOTICE of the date you were going to move OUT on the DATE you moved in -- 1 year ago. The law requires no further notice. Just move out and do not pay them. If they won't pay you the SD and you are due it, sue them.

Check my web page. I represent LLs not T's. Rarely do I side with the Ts.

Hugh Wood

http://www.woodandmeredith.com

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Answered on 4/27/00, 9:20 pm


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