Effects Of Ending A Month-To-Month Apartment Lease In Georgia 06-2012

[jadalyle]

Hi,

My name is Jacob and I live in an apartment in Roswell, Georgia. I've lived here for two years. Due to money/unemployment issues, I'm trying to leave. I pay my rent every month using an unemployment check. I'm at the end of a 12-month apartment lease.

The last month of my 12 month lease was this month. I payed for it at the beginning of the month and I've never been late paying my rent. About two and a half months ago, I verbally spoke with the lady I drop off my rent to in the front office of the apartment complex and told her that I was unemployed and that I would be leaving the apartment once my lease was up due to the fact that I didn't have a job. She said OK and wished me the best of luck.

About a week ago, I went the apartment office and told the rent lady that I was trying to leave and she said since I did not give a 60-day written notice (in writing) that I was now being charged a month-to-month charge (at market rate). I was told (by the office) that I could give a 30-day notice (which I did) because it is now a month-to-month agreement instead of a lease. I would like to leave on the date that my lease is up on. The same date that (end of lease) I told the rental lady in the office (verbally) on.

Now, if I decided to leave when my lease is up and not pay the money ($760) for the month-to-month contract, what would they do to me? Would I go to jail? I mean, it's not like I broke a lease. And, I don't think it's fair that I be charged for an extra month (next month - July 2012). My lease ends June 30, 2012. I plan on leaving before the 30th of this month. Is there a way I can fight this?

Thank you for taking the time to read this and any/all help is greatly appreciated!

[sandyclaus]

Originally Posted by jadalyle Hi, My name is Jacob and I live in an apartment in Roswell, Georgia. I've lived here for two years. Due to money/unemployment issues, I'm trying to leave. I pay my rent every month using an unemployment check. I'm at the end of a 12-month apartment lease. The last month of my 12 month lease was this month. I payed for it at the beginning of the month and I've never been late paying my rent. About two and a half months ago, I verbally spoke with the lady I drop off my rent to in the front office of the apartment complex and told her that I was unemployed and that I would be leaving the apartment once my lease was up due to the fact that I didn't have a job. She said OK and wished me the best of luck. About a week ago, I went the apartment office and told the rent lady that I was trying to leave and she said since I did not give a 60-day written notice (in writing) that I was now being charged a month-to-month charge (at market rate). I was told (by the office) that I could give a 30-day notice (which I did) because it is now a month-to-month agreement instead of a lease. I would like to leave on the date that my lease is up on. The same date that (end of lease) I told the rental lady in the office (verbally) on. Now, if I decided to leave when my lease is up and not pay the money ($760) for the month-to-month contract, what would they do to me? Would I go to jail? I mean, it's not like I broke a lease. And, I don't think it's fair that I be charged for an extra month (next month - July 2012). My lease ends June 30, 2012. I plan on leaving before the 30th of this month. Is there a way I can fight this? Thank you for taking the time to read this and any/all help is greatly appreciated!

Usually at the expiration of a fixed-term lease, a LL or tenant is required to provide some kind of notice to the other of their intent to vacate at the end of the lease term. Some states have statutes that waive this requirement, but for the most part, there IS a notice requirement. The amount of advance notice is also either defined by statute or by the terms of the lease itself.

At that expiration, if a lease is not renewed (either by automatic renewal or by re-signing a new lease), it is usually assumed that the tenancy continues as a month-to-month tenancy effective as of the day following the lease expiration. It sounds like this is where you find yourself.

Since the lease states you are required to provide 60 days' notice, and since you are still currently under that lease, you are obligated to provide the 60 days' notice. It doesn't matter what they verbally told you, because in your situation, the lease governs the notice requirement. Even after the lease expires, as it continues as a month-to-month tenancy, the only thing that changes is the rent (based upon the lease specifying that market rent applies after expiration) and the term (it renews every month upon payment and acceptance of rent).

You are stuck giving a 60-day written notice in order to end your tenancy. You are also obligated to rent according to the lease terms until the end of that notice period, or until a new tenant is found to replace you, whichever occurs first. There's no way to fight this and win - your obligations have always been clearly stated in your lease, and it was your responsibility to know those obligations in order to avoid a situation such as this.

As for what happens? If you go ahead and vacate, and fail to pay what is owed, then the LL can sue you and obtain a judgment against you for the unpaid rent.

[Friend In Court]

Georgia's landlord tenant Act seems to side with you on when your tenancy ends.

Here is the text:

44-7-6.

"Where no time is specified for the termination of a tenancy, the law
construes it to be a tenancy at will.


44-7-7.

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

You had a lease with a definite end date. It was not a tenancy at will and would only have become so had you remained after your lease terminated. Then it would be a tenancy at will and you would have had to have given 30 days notice. As long as you leave at the end of your lease, you should not be obligated past that date. .


Should they continue to harass you and try to collect, you can seek legal advice to set them straight.

Please learn from this and put things in writing. Please also read, re-read and be familiar with the terms of any document you sign.

I wish you the best of luck. It's difficult finding employment unless you want to live in North Dakota--and the winters there can be brutal, but the jobs are plentiful.

[jadalyle]

Thank you very much for all of your help. Thank you everyone!

Jacob, how are you doing now?