Nashville, TN asked in Real Estate Law and Landlord - Tenant for Georgia

Q: Do I have to have sixty day notice to vacate ?

Property manager claims that I breached my lease on September 12. I was sent a text on October 1 saying that 1. My lease will be terminated early. 2. I have to vacate property by Nov 12 and 3. that the sixty days began when lease was allegedly breached and NOT when I was notified.

I am seeking clarity of whether or not that is true and what are my rights. I wish to stay sixty days from when I was notified.

1 Lawyer Answer
Seth Meyerson
Seth Meyerson
  • Landlord Tenant Lawyer
  • Winder, GA
  • Licensed in Georgia

A: A breach of the lease could allow the landlord to dispense with any notice provision in the lease and move to dispossess you by demanding the return of the premises and filing a dispossessory action in your county's Magistrate Court. Perhaps your landlord does not understand the law?

Also, read your lease. Perhaps your lease indicates that the lease may be terminated on 30 days' notice. Usually, notice is required before the monthly term. If this is true then, notice without breach would not be effective until the beginning of November. Again, your landlord appears confused because notice is not required if he alleges breach.

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