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  1. #1
    Join Date
    Mar 2011
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    2

    Default Oral Lease As Extention of Original Written Lease

    My question involves landlord-tenant law in the State of: Georgia

    I have lived in my current apartment for 2.5 years. When I first moved in I signed a lease for the extent of 1 year. Since then I have not signed any other lease extensions, but have agreed via email to 'extend the lease for another year' for the last two years.

    How legally binding is this? I want to know if I can move out after 30 days notice as is the case for a tenancy-at-will agreement or if I would be breaking the original lease for leaving before the year is up? Are the penalties laid out in the original lease applicable to the later 'oral agreement'?

    Thanks

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    14,597

    Default Re: Oral Lease As Extention of Original Written Lease

    How legally binding is this?
    It's just as binding as if you had signed a physical paper.

    Moving out prior to the expiration of your current one year lease term would leave you in breach of contract.
    I'm not a lawyer, but I play a researcher on the internet!
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  3. #3
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Oral Lease As Extention of Original Written Lease

    Is that the case even if the original lease has a clause for 'tenant's hold over' stating that if the tenant remains on the premises a new tenancy from month-to-month shall be created and is terminable upon 60 days written notice served by either party?

  4. #4
    Join Date
    Jan 2011
    Location
    California
    Posts
    90

    Default Re: Oral Lease As Extention of Original Written Lease

    Leases may be oral or written, and if you and the landlord agreed to extend the lease - i.e., enact a new lease with the same terms and provisions as the original one, just with a new end date - then the agreement is enforceable as such and you are not on a month-to-month.

  5. #5
    Join Date
    May 2011
    Posts
    68

    Default Re: Oral Lease As Extention of Original Written Lease

    Quote Quoting gouis
    View Post
    My question involves landlord-tenant law in the State of: Georgia

    I have lived in my current apartment for 2.5 years. When I first moved in I signed a lease for the extent of 1 year. Since then I have not signed any other lease extensions, but have agreed via email to 'extend the lease for another year' for the last two years.
    Emails are snarky. Your LL could claim he never received it and that would put you on a month-to-month.
    How legally binding is this? I want to know if I can move out after 30 days notice as is the case for a tenancy-at-will agreement or if I would be breaking the original lease for leaving before the year is up? Are the penalties laid out in the original lease applicable to the later 'oral agreement'?

    Thanks
    You're stuck. The LL will claim that has an email and you are stuck with the lease as per that email.

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