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I am listed as an occupant on the lease of an apartment and…

Customer Question
I am listed as...

I am listed as an occupant on the lease of an apartment and my brother and sister in law are the lease holders. I am the one who lives in the apartment and have been paying the rent. They have given notice that they are not renewing the lease and we have been on a month to month for the last two months with June being the last month. Can they make me vacate the apartment before the end of the lease. We live in Georgia.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Georgia

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just wanted to know if I have the legal right to stay until the end of the lease which is at the end of the month as opposed to being asked to vacate next week.

Submitted: 22 days ago.Category: Landlord-Tenant
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Answered in 23 minutes by:
5/31/2018
Lawyer: Thomas Swartz, Attorney replied 22 days ago
Thomas Swartz
Thomas Swartz, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,262
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Verified

Hello JACUSTOMER,

Anyone who occupies rental property with the landlord`s consent and makes rent payments without a written lease is called a tenant­-at-will. Under Georgia law a landlord (or the leaseholder) who has a tenant-­at-­will must give sixty (60) days notice to the tenant before seeking to terminate the agreement or change any term of the original agreement (Georgia Code Section 44-7-7).

So, in your situation, they (your brother and sister) cannot make you leave the apartment before the end of the lease if you were not given at lease 60 days notice to leave.

Thomas

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Customer reply replied 22 days ago
Thank you. Just to get clarification, my brother gave the apartment complex notification to vacate in May putting us on a month- to-month lease to end in June. We spilt the rent for May. Below is the email that my brother sent to me on May 3rd regarding the arrangement:Here’s the info on the Apartment. The lease ends on April 27th and the rent for month to month kicks in.
Amount due on May 1st thru May 31st is: $1430 month to month rent + $50 for the garage.
We can cover $480 out of the total due on May 1st. That leaves $1000 for you to cover which is lower than the usual rent.
Let us know how you want to proceed and when you are planning on moving out.
Anything beyond May 31st will require the same amount of cost (pro-rated) through June 20th (60days from notice).
Lawyer: Thomas Swartz, Attorney replied 22 days ago

It is a little unclear from what you wrote, but if you were give notice to leave at least 60 days prior to June 20th, then you would have to leave by June 20th.

Thomas

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Thomas Swartz
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