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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117365
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I signed a 12-month lease in Fulton County, GA at a rental

Customer Question

I signed a 12-month lease in Fulton County, GA at a rental house. 3 months in (4/15) receive letter stating the house will be sold. Options are stay until sold and I get 30-day notice, or terminate lease early. On 4/17 I say I am looking for new place and will terminate 5/15. They say ok. On 4/18 I secured a new rental for 5/1. I inform them, they say ok and send me a lease termination, i sign return. 4/20 they say no, we must abide by the "30-day notice" and you must pay rent through May 15. Question: If not written in lease, and they give me an option to terminate early, am I required to give THEM 30-days notice?
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The landlord or new landlord cannot terminate a valid written lease, regardless of what they state. They could give you an option to terminate early and you signed it, then you are bound by the terms of the agreement you signed. Yes, you would have to honor the 30 day agreement and while you could move out early, you would have to honor the payment until May 15, because you signed an agreement to that effect.

Had you signed no agreements, you could have forced them to actually pay you to leave, because your lease was valid until the end of the 12 months and the new owner could not force you to leave and had to honor that lease (for future information) unless it was a foreclosure.

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Customer: replied 4 years ago.

I cannot find anywhere written that I am to provide them a 30-day notice. They offered me $1000 in moving expenses, the early termination letter only says tenant must pay rent through the lease end date (4/30). There is no mention of any notice. I had originally told them it would be the 5/15, then changed the date to coincide with my move-in. Once they had that signed document (only my signature) did they change their minds saying that they would deduct the 15 days from the moving expense money if I didnt sign a new contract through 5/15. (There were no deposits)

Expert:  Law Educator, Esq. replied 4 years ago.
It is not written in the law because you had a 1 year lease, but you said you signed an agreement to be out in 30 days and once you signed that agreement that is what you bound yourself to. If you signed only to agree to pay until 4/30 and if you are out by 4/30, then they could not enforce the agreement to pay until 5/15 against you and if they try to do so then you have grounds to sue them for breach of the new agreement you signed to terminate the lease.