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.