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never received a lease so they put us on month to month Giving Notice

Discussion in 'Moving In & Out, Movers' started by cyndid, Mar 9, 2014.

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  1. cyndid

    cyndid Law Topic Starter New Member

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    Need legal advice or a place to start. My kids have found another place to live and let their landlord know mid February they were looking. their lease ran out on feb 28th and they never received a new lease to sign. she received an email-she just saw it tonight-stating they are now (seeing as they never renewed a lease they never received) on a month to month which makes them responsible for 2 months aka 60 notice. How is this legal? how can they be forced into a month to month when they were never given a lease or an option???
     
  2. cyndid

    cyndid Law Topic Starter New Member

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    actually daughter just called and said the lease they have in their hand says 3/11 not 2/28 which is when it wouldve expired had they sent it on time-----
     
  3. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    When a tenant does not have a signed lease (i.e., one that has a specific date when a lease starts and ends) they are considered to have a month to month tenancy (assuming they pay monthly), also known as a "tenancy at will" in Georgia.

    For a TENANT in Georgia to terminate such a lease requires a 30 day WRITTEN notice (not simply a notice that they are "looking"). For a LANDLORD in Georgia to terminate such a lease requires a 60 day WRITTEN notice.

    Even if their current lease ends today (3/11/2014) and not 2/28/2014 as they previously assumed tenants generally need to give a landlord a certain amount of notice (again, 30 days) regarding whether they plan on renewing the lease; otherwise it tends to automatically swing into this tenancy at will. Please have them review their current lease to make certain there is not wording to this effect somewhere in there regarding this.

    Gail
     
  4. mightymoose

    mightymoose Moderator

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    It sounds as if they should be on the hook for another 30 days, not 60.
    They needed to provide written notice of their intent to vacate 30 days in advance. An email might not be sufficient.
    Their lease does automatically renew. That is extremely common. They do not have to physically sign a renewal. They renew simply by remaining and not giving notice to vacate.
    Since they have already moved it is in their best interest to negotiate a settlement with the landlord to avoid a civil suit they would lose hands down.
     

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