Is 60 day notice legal?

I am in Atlanta, Georgia. I signed a 14 month lease which ends at the end of this month, November 2004. In the lease it says that I must give 60 days notice prior to moving out. Unfortunately, I just assumed that it was 30 days notice as it has been where I have lived before and gave my 30 days notice at the beginning of this month. I was told that not only is 30 days not sufficient, according to the least, but that in December, my rent will go up to month-to-month market rate, which is $749 ($341 more than my current rent of $408). I would like to know if it is legal for them to force me to stay in my apartment at almost a 100% rent increase or if there is a way to leave given that I gave them 30 days notice. Please advise. Thank you.

[BelizeBreeze]

Unfortunately, you assumed wrong.

BelizeBreeze, I am truely sorry that you are so sad that you have to spend your time intentionally trying to hurt the feelings of people seeking on-line advice to serious legal problems. I hope that this is the only forum that you corrupt in this manner. I wish that you could find something more positive and productive to do with your time. The world does not need any more negativity.

[BelizeBreeze]

Unfortunately, I just assumed that it was 30 days notice as it has been where I have lived before and gave my 30 days notice at the beginning of this month.

THAT was your direct quote.

now, since you think I was trying to hurt you get your answer elsewhere. But it will be the same. I don't ASSUME. I read what I sign.

[BL]

The 60 days notice goes against you . You did assume wrong and you were told that . Nothing wrong with Breez's statement.

As far as the substantial increase, contact a local L/T attorney, or look try looking the issue up on line.

That may be illegal. But do it quick . If it is illegal and you don't pay , you will suffer the consequences.

BelizeBreeze,

I know what I said and took your answer as a reply to my comment. Your abruptness just took me aback, so I checked to see if I was the only one in which you responded to in this manner and found that I wasn't. I appreciate your candid advice and realize that the mistake was mine and I must pay for that mistake. I just wanted to see if I had any hope at all of avoiding a financially disastrous situation and would have appreicated a professional reply (and will appreciate others as they come). I'm sure you give good advice, it would just be nice for it to be at least delivered professionally if not with a manner appropriate to what seem to be sensitive situations.

[BelizeBreeze]

Would you rather I pat you on the head with a soft hand or a hammer. You might feel better with the soft hand but the hammer will get your attention.

I bet you actually read each and every document you sign in the future now

Point taken (but I am a social worker - hence no money - and will always prefer the soft hand, or maybe a firm hand, to the hammer.)

It is not that I didn't read it initially, but that I forgot 13 months later and did not have the wherewithall to remember to check to read the fine print when it mattered. But nonetheless, lesson learned.

I appreciate your explaination.

[BelizeBreeze]

Originally Posted by sharonpbrown

Point taken (but I am a social worker - hence no money - and will always prefer the soft hand, or maybe a firm hand, to the hammer.)

It is not that I didn't read it initially, but that I forgot 13 months later and did not have the wherewithall to remember to check to read the fine print when it mattered. But nonetheless, lesson learned.

I appreciate your explaination.

Awwwww. Now I feel all warm and cuddly....DAMNIT

This is much easier than it looks.

First of all this is a lease that EXPIRES at the end of the month. After it EXPIRES you have no obligation to sign a new lease or renew the old one. So once the 1st rolls around you can go your merry way. The 60 day requirement no longer applies if the lease has EXPIRED!

Also, under GA law, the landlord must give written notice 60 days PRIOR to a rent increase. So that should have been given to you BEFORE Oct 1st if they want to raise rent in December. Does your lease state that rent will become market rate in Dec 2004? If not then TOO BAD for them!

[rmet4nzkx]

Originally Posted by blacksunempire

This is much easier than it looks.

First of all this is a lease that EXPIRES at the end of the month. After it EXPIRES you have no obligation to sign a new lease or renew the old one. So once the 1st rolls around you can go your merry way. The 60 day requirement no longer applies if the lease has EXPIRED!

Also, under GA law, the landlord must give written notice 60 days PRIOR to a rent increase. So that should have been given to you BEFORE Oct 1st if they want to raise rent in December. Does your lease state that rent will become market rate in Dec 2004? If not then TOO BAD for them!

OP only mentioned what the lease said about notice and what they assumed, nothing about other terms in the lease, those are your assumptions. Often a lease will contain language where upon expiration of the lease it converts to month to month, thus notice is still required as stated in the lease. This may be an expensive lesson but could be much worse.