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  1. #1
    Join Date
    Jan 2010
    Posts
    3

    Post Giving Notice, Prorating Rent, and Security Deposit

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

    (First of all, sorry for the long-winded post.)

    I have some legal questions about a situation that I have run into with my landlord. I have been renting a room in a house located in Fulton County, Georgia since August 2009. When I moved in, my two roommates had previously signed a lease that went through July 2010. I moved in with the understanding that I was entering into a month-to-month agreement and that I could move out at any time so long as I gave 30 days notice. I was never added to the lease, and never signed any kind of written agreement. I informed my landlord on January 7 that I was giving my 30 days notice and intended to move out in February. I asked to confirm that I would receive my security deposit once I moved out, and he said that I would. I spoke to him again two days later and he claimed that since the lease with my roommates (which I never saw nor signed) was not up until July, he was really not obligated to give me back my security deposit until 30 days after then.

    Does he have any legal standing here, considering I was never on that lease? I've done a bit of research about the state landlord/tenant laws and I don’t believe that he does. Since there was never a written agreement in my name, it my understanding that I am considered a "tenant-at-will" under § 44-7-6 of the Georgia code. Then, § 44-7-7 states that:

    "Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will."

    It is my understanding from reading the Georgia Tenant/Landlord Handbook that all other tenant/landlord laws with regards to security deposits, etc. still applies. § 44-7-34 of the Georgia code states that:

    “Except as otherwise provided in this article, within one month after the termination of the residential lease or the surrender and acceptance of the premises, whichever occurs last, a landlord shall return to the tenant the full security deposit which was deposited with the landlord by the tenant.”

    Since I do not have a lease of any kind, it is my understanding the he is legally required to return my security deposit within 30 days of moving out, so long as I have given proper notice. Is this correct?

    I have since run into a second issue with my landlord. I got a call from one of my roommates today saying that he has spoken to the landlord and he says that in order to get my security deposit back, I would be required to pay the full month's rent for February, since I gave notice on January 7th. He claims that, by law, 30 days notice is supposed to be given on the first of the month. The aforementioned law (§ 44-7-7) says nothing about when the notice has to be given and I have not found anything that would indicate that that is the case. It is my understanding, then, that once I have given him 30 days notice, I am only financially liable for the rent for those 30 days. As I have already paid the full rent for January, I had intended to prorate the rent for February to cover those days that I would actually be living here. Legally speaking, am I in the clear to prorate the rent to cover those 7 days in February and expect my security deposit back, bearing in the mind that we do not have a written lease/agreement?

    Thank you in advance for any advice on the situation.
    -Tim

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Giving Notice, Prorating Rent, and Security Deposit

    Can you better explain what happened? You aren't on the lease, but you paid a security deposit above and beyond that paid by your roommates to your landlord? Or you reimbursed your roommates for a third of the deposit when you moved in? You paid rent each month to the landlord or to your roommates?

    I have not found any authority suggesting that Georgia Code Sec. 44-7-7 requires more than 30 days notice to terminate a tenancy at will. (Unfortunately, I also haven't found anything that clearly states that the thirty days begins on the date you give notice, and I'm not sure that the plain language of the statute will convince your landlord).

  3. #3
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Giving Notice, Prorating Rent, and Security Deposit

    My roommates moved in about a month before me. The lease that they signed specifies a $1350 total security deposit along with $1350 total rent each month. They made some sort of provisions in the lease allowing them to pay $900 in a security deposit when they moved in and $900 in rent for the first month, in order to give them time to find a third roommate. When I moved in, I wrote a check to the landlord for the remaining third of the security deposit ($450) and the first month's rent. My roommates are the ones ultimately responsible for the $1350 rent each month and my name was never added to the lease, but I have been paying rent directly to the landlord.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Giving Notice, Prorating Rent, and Security Deposit

    If I were your landlord I would probably get a bit creative, arguing that although you didn't sign the lease you accepted its terms by oral agreement and that they are thus binding. The landlord does not appear to be doing that, given that he's willing to let you out early on thirty days notice (even if suggesting that the thirty days must start on the first day of the next rental period).

    I would expect from the Georgia statute that you would be "in the clear" if you pay rent through Feb. 7 and no other claims are made against the security deposit. I would prefer to have a clear statement that Georgia's courts share my/our interpretation of that statute.

  5. #5
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Giving Notice, Prorating Rent, and Security Deposit

    In truth, I never even saw the lease until a couple of days ago, so I was not aware of any of its provisions and definitely had not agreed to them. When I moved in, there was never any suggestion from the landlord that I was joining the lease. The arrangement was that I could move out at any time, as long as I gave notice. Now, he seems to be trying to turn this around and act like I am somehow subject to the lease even though I never saw it nor agreed to it.

    I am still trying to get in touch with the landlord to see if he can show me where in the law it requires me to give notice from the first of the month. I'm assuming that he is more than likely just blowing hot air. I suppose if it comes down to it, I'll have to settle this in small claims court.

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