The Atlanta Journal-Constitution
Renegotiation can give landlord option to end lease
Q: I have been renting my apartment for six years using annual leases. This year at renewal time, I asked to go on a monthto-month lease due to some maintenance concerns.
The landlord agreed, and we signed a month-tomonth agreement that calls for 30-day notice to terminate the lease. I just received notice that the landlord wants me out in 30 days.
I pay my rent at the beginning of each month, but the letter wants me out in the middle of next month. Can he do this? — Darlene
A: When entering into any contract, such as a lease, it is important to remember that each party has rights and responsibilities that flow both ways.
You signed a month-tomonth lease to give yourself options to move to a more suitable home, but these same terms gave your landlord the opportunity to find a different tenant.
However, because your monthly periods begin on the first and run with the calendar, your landlord cannot ask you to leave in the middle of the next monthly period.
The law typically allows for 15-day notice to terminate a monthly lease, but you and your landlord agreed to a 30-day notice instead.
This notice period means that you both need to provide the other with appropriate advance notice that you will not be renewing the lease for an additional monthly period.
Because you already were in the middle of the current month, the next monthly period will begin inside the 30-day window.
This means it is the following month that will not renew, and you will need to vacate the apartment at the end of next month, not in the middle of it..