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
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.