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  1. #1

    Default No Certified Notice of Non-Renewal

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

    Hello, my lease is set to expire on May 7, 2010. That is 30 days from today.

    On April 1st, my landlady emailed me a "notice" saying she will not renew after May 7. However, our lease dictates that all notices shall be served by certified mail which she has not done. Therefore, even if she were to send me a letter by certified mail as soon as possible, the 30th day would be past my May 7th deadline.

    There is no clause in the lease discussing automatic or voluntary renewals, but only that with permission of the landlady, I may hold over month to month.

    Because she has violated the certified mail clause, what rights do I have to remain until 30/60 days after receiving a notice through certified mail? Would I not then be considered held over? If there is no language in the lease regarding renewals is the renewal notice supposed to be 30 or 60 days? Am I within my rights staying past May 7th because of her violation?

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,616

    Default Re: No Certified Notice of Non-Renewal

    If you hold over, I expect that your landlady will attempt to evict you. If in fact the notice was to be sent by certified mail, as it was in fact sent and received a court may well deem that to be substantial compliance with the lease (i.e., not something that will invalidate the notice).

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