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  1. #1
    Join Date
    Oct 2007
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    Default Georgia Lease Expiration With 60 Day Notice Requirement

    My lease is due to expire and I am not renewing. The lease says I must give 60 days written notice to vacate, otherwise it converts to month to month.

    I gave verbal notice twice prior to the 60th day (Oct 15) and again 8 days after the 60th day (Oct 23). On the last occasion I gave notice to the leasing office (it's an apt community), I was told that I need to fill out their form to vacate, which I did. This was the 52 day before the lease expires.

    They are now saying that I must pay for an additional 8 days of rent on the apartment since I failed to give 60 days written notice to vacate.

    I argued that I only need to give 60 days if I was breaking the lease (which I am not) and they continue to persist.

    The lease expires December 14th and they are trying to collect rent through Dec 21.

    I have several questions:

    1. I read the Georgia Tenant/Landlord Handbook applicable sections that I could find and the closest thing it says is if a Landlord is not going to renew a tenants lease, they must give the tenant 60 days. If a tenant is going to vacate a tenancy at will, required notice is 30 days. If there was something else in the housing code that related, I could not find it. I did not see anything in there that said a lease clause would prevail. Everything I read quoted a minimum of 30 days notice on the tenants part and not one thing I read stated that a lease clause would supercede that time frame. Is there any way to find out for sure how this works in Ga? What is primary and what is secondary - the housing code or the lease clause?

    2. Since they are undoubtedly going to try to keep my security deposit if I dont pay the additional monies they say I owe for the final pro rated monthly rent (I owe 14, they are saying 22), I was going to give them 14 days rent minus my security along with a letter that states if there are any damages when we inspect my apartment at move out two weeks later, I would pay them if they were legitimate and actually caused by me. There is no damage, but I am certain that this is going to be one of many angles they use to try to recover the addtional rent they say I owe. My lease DOES state that any uncollected or past due rent can be deducted out of my security. I am just trying to avoid having to invest the time in a small claims suit on this one. What would be the best way to handle this so they can not come after me or my credit?

    Thanks for your help.

  2. #2
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    Default Re: Georgia Lease Expiration With 60 Day Notice Requirement

    The lease seems pretty clear, doesn't it?

    I would not suggest playing games with your last month's rent.

  3. #3
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    Oct 2007
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    Default Re: Georgia Lease Expiration With 60 Day Notice Requirement

    Quote Quoting Mr. Knowitall
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    The lease seems pretty clear, doesn't it?

    I would not suggest playing games with your last month's rent.
    While the lease seems worded in their favor, it also seems to be in conflict with what I could find in the Georgia Landlord/Tenant handbook. The handbook says 30 days notice from the Tenant in a tenant at will situation, but nothing about lease clauses either way.

    So pay the additional, inflated rent and let them keep my security that I am confident they are not going to want to return to me, and then take them to court to recover?

  4. #4
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    Default Re: Georgia Lease Expiration With 60 Day Notice Requirement

    You and your landlord agreed to a notice period which differs from that which would exist in the absence of an agreement. Unless you are also finding something which prohibits you and the landlord from negotiating your own notice period, expect the lease to be enforced.

  5. #5
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    Oct 2007
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    Default Re: Georgia Lease Expiration With 60 Day Notice Requirement

    Quote Quoting Mr. Knowitall
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    You and your landlord agreed to a notice period which differs from that which would exist in the absence of an agreement. Unless you are also finding something which prohibits you and the landlord from negotiating your own notice period, expect the lease to be enforced.
    So on the 8 days additional rent, you are saying pay it. Got that.

    What about the security that I am sure they are going to give me the run-around on? Deduct it or recover that in court?

    Since my lease has not run out yet, I am able to take photos of the whole apartment to show there are no rug/floor stains, holes in the walls, etc ...

  6. #6
    Join Date
    Jul 2006
    Location
    Ohio
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    1,126

    Default Re: Georgia Lease Expiration With 60 Day Notice Requirement

    I don't know why you expect them to give you a hard time about the security deposit. You were the one who didn't follow the lease. All they were trying to do was enforce it.

  7. #7
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    Oct 2007
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    Default Re: Georgia Lease Expiration With 60 Day Notice Requirement

    Quote Quoting moburkes
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    You were the one who didn't follow the lease. All they were trying to do was enforce it.
    In the past, they have tried (several times) to reduce available parking allotted to each unit in the middle of the lease urging us that the best solution would be for us to sell a vehicle (even though we are in a two bedroom unit with two cars), they have attempted to levy charges against us for damage to the floor that was caused when they replaced the dryer in our unit by literally dragging it along the floor, and refuse to return deposits for gate clickers whey they are returned without damage and functioning properly, etc ... Not all of the things they enforce are necessarily lease-compliant.

    Quote Quoting moburkes
    View Post
    I don't know why you expect them to give you a hard time about the security deposit.
    Because they are dishonest and their past behavior demonstrates that they are not fair. They have a very nickle and dime mentality. When I pointed out the damage they caused (they couldn't have possibly missed it) to the floor from dragging the dryer out earlier that same day, their reply was that if it was damage not documented in the move-in pre-inspection report, I could be held liable for it.

    In ten years of apartment community living, this is the first experience along these lines (negative) that I have had.

    So, that is why I asked - if there was a way to avoid the prolonged battle, why not if I can get out of it???

  8. #8
    Join Date
    Oct 2007
    Location
    Palm Springs/Manhattan Beach, California
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    Default Clarity and Resolution...

    Joe,

    I can seriously conclude that you have definitely "been through it". In attempt to render you some sort of clarity and resolution, I'd like to add the following suggestions:

    I. While I'm no guru to Georgia law, with reference to your security deposit in mind, most states implement a policy requiring your security deposit to be fully refundable within 21 days of your move-out so long as you provide an adaquate forwarding address. While you do not physically have to be present for the Final Inspection, it's unlawful for the landlord to overcharge you, esp. for their wrong-doing's.

    II. I couldn't agree more with Mr. Knowitall's advice on your ..."not playing games with your rent...". Not to rain on your parade, but generally in situations such as yours, when taken to court, the judge typically sides in favor of the landlord especially when an "Oral Contract" is depicted (unless there is substancial evidence to prove otherwise).

    III. Most apartment complex's have a "Review and Comment" website by simply typing the property address into any given Search Engine (i.e.: Google, Yahoo, etc.), thus allowing any current residents the opportunity to voice any given comments, complaints, suggestions, etc. These sites are extremely helpful and while it's a bit late for you to do this now, perhaps you should consider it when renting in the future as to avoid any "de ja vu" occurrences.

    * Lastly, might I recommend you contact your local Fair Housing Bereau?

    Good luck on whatever avenue you choose to maneuver this onto~

  9. #9
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Clarity and Resolution...

    Thanks FairHousing. Unfortunately, we have no such web-site in this apt community. They are not concerned with that level of service here. I'm sure if they had one, they would charge a convenience fee to post to it. There are several independent web-sites that do what you are referring to in your third point.

    I have several attorney business contacts who would likely help me, I just didn't see that this as anything more than tidious non-sense until they started sending me 'official notices of intent'.

    I realize that a lot of it is scare tactics, but at the same time, it also made me think that perhaps a rude attorney letter threatening them would be a good way to make them think twice about holding my security deposit back if that was the tact they were heading toward.

    Quote Quoting FairHousingGuru
    View Post
    Joe,

    I can seriously conclude that you have definitely "been through it". In attempt to render you some sort of clarity and resolution, I'd like to add the following suggestions:

    I. While I'm no guru to Georgia law, with reference to your security deposit in mind, most states implement a policy requiring your security deposit to be fully refundable within 21 days of your move-out so long as you provide an adaquate forwarding address. While you do not physically have to be present for the Final Inspection, it's unlawful for the landlord to overcharge you, esp. for their wrong-doing's.

    II. I couldn't agree more with Mr. Knowitall's advice on your ..."not playing games with your rent...". Not to rain on your parade, but generally in situations such as yours, when taken to court, the judge typically sides in favor of the landlord especially when an "Oral Contract" is depicted (unless there is substancial evidence to prove otherwise).

    III. Most apartment complex's have a "Review and Comment" website by simply typing the property address into any given Search Engine (i.e.: Google, Yahoo, etc.), thus allowing any current residents the opportunity to voice any given comments, complaints, suggestions, etc. These sites are extremely helpful and while it's a bit late for you to do this now, perhaps you should consider it when renting in the future as to avoid any "de ja vu" occurrences.

    * Lastly, might I recommend you contact your local Fair Housing Bereau?

    Good luck on whatever avenue you choose to maneuver this onto~

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