Author Topic: Landlord wants 60 days notice but law only requires 30 (maybe?)  (Read 3407 times)

johnny847

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First off, yes, I know, basically none of you here are lawyers, and even if you were, you're not giving me actual legal advice. Ok. I get that. Now that's out of the way....

I live in Georgia. I am considering moving out at the end of my lease. My lease terms say (there may be typos because the lease is stored as a PDF encoded as an image, and OCR isn't perfect).

Paragraph 3:
Quote
This  Lease Contract will automatically  renew  month-to-month unless either party gives at  least  60  days  written notice of termination or intent to move-out as  required  by  paragraph  37.
Paragraph 37:
Quote
Move-Out Notice. Before moving out, you must give our representative advance written move-out notice as provided below. Your move-out notice will not release you from liability for the full term of the Lease Contract or renewal term. You will still be liable for the entire lease term if you move out early (paragraph 22) except under paragraphs 10, 16, or the military clause (paragraph 23). YOUR MOVE-OUT NOTICE MUST COMPLY WITH EACH OF THE FOLLOWING:
  • We must receive advance written notice of your move-out date. The advance notice must be at least hte number of days of notice required in paragraph 3. Oral move-out notice will not be accepted and will not terminate your Lease Contract.
  • Your move-out notice must not terminate the Lease Contract sooner than the end of the lease term or renewal period
YOUR NOTICE IS NOT ACCEPTABLE IF TI DOES NOT COMPLY WITH ALL OF HTE ABOVE. Please use our written move-out form. You must obtain fro our representative written acknowledgement that we received your move-out notice. If we terminate the Lease Contract, we must give you the same advance notice--unless you are in default.


The Georgia Landlord Tenant Handbook says
Quote
My lease expired two months ago, but the landlord allowed me to continue at the same rent
without signing a new lease. Now, the landlord has decided that I must sign a new lease
with a higher rent or move out. The landlord gave me only two weeks’ notice to decide.
What does the law say about this situation?
Since the landlord accepted rent after the original lease expired, a tenancy-at-will was
created. The tenant continues to occupy the unit under the same terms and conditions as in the
expired lease. However, the landlord must give a sixty (60) day notice prior to any change in the
tenancy, including increasing rent, an offer of a new lease, or termination of the rental
arrangement. The landlord is not required to give this notice in writing unless the lease requires
it. However, it is better practice to provide written notice. Likewise, the tenant must provide a
thirty (30) day notice to the landlord if the tenant wants to terminate the tenancy
. In this case,
the landlord should have given the tenant sixty (60) days to sign the new lease or vacate.
[Emphasis mine]
Also
Quote
After my lease expired, the landlord continued to accept my monthly rental payments,
what rights do I have?
After expiration of the old lease, if the landlord accepts rent and permits the tenant to
remain, a tenancy-at-will has been created. The terms of the original lease would still apply to
the tenancy except that the landlord can terminate or change the terms with a sixty (60) day
notice. The tenant could terminate the lease with a thirty (30) day notice to the landlord.
[Emphasis mine]

Now does that mean the tenant always has the right to give only a 30 days notice? Or merely that the tenant must give at least 30 days notice, and if a lease says 60 days notice, then that is what's required?

Adram

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Re: Landlord wants 60 days notice but law only requires 30 (maybe?)
« Reply #1 on: April 30, 2016, 09:04:47 PM »
The bit from the Georgia tenant handbook refers to the lease expiring and becoming a tenancy at will.

The lease that you signed does not expire but automatically renews month to month, so I would imagine that the notice terms in the lease would still apply.

But, I'm not a lawyer 😃

johnny847

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Re: Landlord wants 60 days notice but law only requires 30 (maybe?)
« Reply #2 on: April 30, 2016, 09:13:12 PM »
The bit from the Georgia tenant handbook refers to the lease expiring and becoming a tenancy at will.

The lease that you signed does not expire but automatically renews month to month, so I would imagine that the notice terms in the lease would still apply.

But, I'm not a lawyer 😃

Yeah I came back to it and am leaning that way too. Oh well.

K-ice

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Re: Landlord wants 60 days notice but law only requires 30 (maybe?)
« Reply #3 on: May 02, 2016, 02:31:10 PM »
This sounds similar to where I live.  But I'm no lawyer or Georgia resident.

If you are still under your 1y lease you must give 60 days notice before the last day of the tenancy year. But if you are into the 13+ month and the lease is auto renew month-to-month then you only need to give 30 days.

Does that make things clearer?

I find the best practice is to give the landlord as much notice as possible.  This may be verbal notice before the required time and official written notice by the required 60 or 30 day date.