Legal Question in Real Estate Law in Georgia

Commercial Rental - Notice to Quit

I am renting a Commercial space in Georgia, and have gone from a lease to month-to-month as of about a year ago.

My landlord informed me that she would be sending a 45 day notice. I had understood that 60 days was required.

She claims that the law is 45 days for month-to-month agreements.

The only information I can find is regarding residential rentals, where 60 days is required. Is the law different for commercial property?

There is nothing in my lease that specified a minimum amount of time.

Thanks for your time.


Asked on 6/10/09, 11:45 am

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Commercial Rental - Notice to Quit

It's sixty days. Ask her to show you a copy of the law she is relying on. Here is the section from the GA Code: 44-7-7 Notice to terminate tenancy at will.

Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will.

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Answered on 6/15/09, 5:55 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Commercial Rental - Notice to Quit

No. 60 days is required regardless of commercial purposes.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 6/10/09, 12:39 pm


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