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Lease Expired Six Months ago. Now landlord wants new lease agreement.

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coronaman

Junior Member
What is the name of your state? Georgia

Here is our situation:

In September of 2004, we moved in and signed a lease agreement
for 1 year with a $250 deposit. Our lease expired in September
of 2005, which put us on what our landlord at the time called a
"month-to-month lease." We did not sign a new lease, nor was this
in our lease agreement. So our lease has been expired since
September of 2005. We have since been living here six months,
and our apartments are under new ownership as of December 2005.
On March 2, 2005 the new owners told us verbally that we
must sign another lease for the term of one year or move out by
April 1 so they can rent the apartment. We have been paying our
rent in the same amount on time since our lease expired to
current. Given this situation, would it be assumed that our
lease is expired; or that we are under an unwritten lease? The
thing that most makes me confused about this is the fact that
we have been living here for 6 months beyond our lease. We
don't want to sign another lease because we are trying to move
out into a home. We were also wondering, if we were to sign a
lease, if there are any Georgia laws that get us out of our
lease if we were to purchase a home. In the state of Missouri,
there is (or was about 11 years ago) a law such as this. The reason
for my asking this question is that within 30 days, my mother-in-law
will have sold her home. She will be moving in with us and giving us a
$10k down payment for the new home. Until then I need to know really,
how much time we really have before the landlord tries to throw our stuff
in the street, what the laws are concerning these issues, and what our
rights are. I would also like to know if an eviction process begins, must we
pay rent for the month of April, and if so, must we pay the entire amount?
Unfortunately, until my mother-in-law closes on her home, we have no idea
what the time frame is before we must be out and given the current situation,
I think a thirty day notice is past due. Also, I was curious if we even had to give
notice considering our lease (or lack thereof). Thanks for assistance/advice
anyone can offer on this.
 
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ENASNI

Senior Member
Whoa beer-dude,

Did you look at the calender lately? It is the 28th of March!

1) They need to give you a thirty day written notice.

B) there is no law in Georgia that say you can get out of a lease by buying a home.

III)They can't just throw your stuff out on the lawn, they have to go through the proper channels. But why not just try negotiating with them for crying out loud??
 

tdant

Junior Member
After you lease expired you because i believe what is call a tenant at will? and are a renter on the month to month bases. which mean that either you or your landlord can give a notice to vacate. which is usually 30 days. the new owner is able to get a new lease. if you want to stay ask the landlord if you pay an extra XX amount of rent per month can you be on a month to month lease if not maybe a six month lease. if you dont want to sign a lease then you are going to have to move. I live here in GA and there ar many first time home buyer programs that will "buy you out of you lease" but they just roll it in to the new loan about is some kind of way or another. but most of the time it is for New construction.
 
Last edited:

Who's Liable?

Senior Member
coronaman said:
In September of 2004, we moved in and signed a lease agreement
for 1 year with a $250 deposit. Our lease expired in September
of 2005, which put us on what our landlord at the time called a
"month-to-month lease."
Your LL is correct... Once a lease is expired, it automatically converts to a month-to-month lease, or whatever your state deems...


coronaman said:
We did not sign a new lease, nor was this
in our lease agreement.
Doesn't matter, the state automatically creates a new "lease" It does not need your approval or authorization, nor does it need to be in the lease... It was created to protect the tenant...


coronaman said:
So our lease has been expired since
September of 2005. We have since been living here six months,
and our apartments are under new ownership as of December 2005.
All of that time you have been living as a month-to-month tenant...


coronaman said:
On March 2, 2005 the new owners told us verbally that we
must sign another lease for the term of one year or move out by
April 1 so they can rent the apartment.
Your owner is correct, except that your state may required your LL to give you notice in WRITING to make it legal... Look at your states LL/T laws in regards to this... Additionally, the LL must give you notice on or before the next rental period... So if only a 30-day notice to vacate is required, your LL would need to inform you in writing ON OR BEFORE March 1 to get you out on April 1...

coronaman said:
We have been paying our rent in the same amount on time since our lease expired to current.
Not relevant

coronaman said:
Given this situation, would it be assumed that our lease is expired; or that we are under an unwritten lease?
Your year lease has been expired, but you are now under a NEW month-to-month lease...

coronaman said:
The thing that most makes me confused about this is the fact that we have been living here for 6 months beyond our lease.
Irrelevant

coronaman said:
We don't want to sign another lease because we are trying to move out into a home.
Not your decision... You can either sign a new lease, or move once the LL has properly notified you...

coronaman said:
We were also wondering, if we were to sign a lease, if there are any Georgia laws that get us out of our lease if we were to purchase a home.
None exists... Currently ther are NO laws in ANY of the 50 states that allow a person to LEGALLY break a lease due solely to buying a new home...

coronaman said:
In the state of Missouri, there is (or was about 11 years ago) a law such as this.
Whoever told you that is smoking crack... see above... Well, maybe 11 years ago...


coronaman said:
The reason for my asking this question is that within 30 days, my mother-in-law
will have sold her home. She will be moving in with us and giving us a $10k down payment for the new home.
Irrelevant. Not the LL's problem...


coronaman said:
Until then I need to know really, how much time we really have before the landlord tries to throw our stuff in the street, what the laws are concerning these issues, and what our rights are.
30-days written notice, than they will take you to court to evict you, get an order to evict you... Probably about 30-days after you have received the notice of eviction...

coronaman said:
I would also like to know if an eviction process begins, must we pay rent for the month of April, and if so, must we pay the entire amount?
Yes, why wouldn't you? You are the one who broke the law by not moving out when you were supposed to...

coronaman said:
Unfortunately, until my mother-in-law closes on her home, we have no idea what the time frame is before we must be out and given the current situation, I think a thirty day notice is past due.
Again, not the LL's problem... Once he gives you 30-days to vacate, you have two options... Move, or face eviction proceedings, plus any and ALL fees associated with the task...


coronaman said:
Also, I was curious if we even had to give notice considering our lease (or lack thereof).
Yes you do... You need to give a 30-day notice to vacate, or whatever your states deem necessary...
 

ecmst12

Senior Member
OP has another option, he can ASK for a 30 day extension due to the house buying situation. Not all LLs are a-holes, they might be willing to work with him.
 

coronaman

Junior Member
ENASNI said:
III)They can't just throw your stuff out on the lawn, they have to go through the proper channels. But why not just try negotiating with them for crying out loud??
What kind of negotiations are you implying?

Who's Liable? said:
coronaman said:
Also, I was curious if we even had to give notice considering our lease (or lack thereof).
Yes you do... You need to give a 30-day notice to vacate, or whatever your states deem necessary...
Given more thought, if our LL gave us notice that we had to vacate the premises within a thirty day period or face eviction, why WOULD we have to give them thirty days notice? Haven't we already received notice from them?

ecmst12 said:
OP has another option, he can ASK for a 30 day extension due to the house buying situation. Not all LLs are a-holes, they might be willing to work with him.
That would be ideal. Unfortunately, what we've seen of our new landlord so far, he is an a-hole. On the other hand, the property is owned by two partners, so going with the other landlord still wouldn't be out of the question. This may be something we can at least try. We probably will, however, be out within 30 days even if an eviction notice is issued.
 

Who's Liable?

Senior Member
coronaman said:
Given more thought, if our LL gave us notice that we had to vacate the premises within a thirty day period or face eviction, why WOULD we have to give them thirty days notice? Haven't we already received notice from them?
You wouldn't... The question was if you "if we even had to give notice considering our lease (or lack thereof)."... Not "If the LL has given us 30 days notice, do we still have to give 30 days notice"
 

ecmst12

Senior Member
coronaman said:
Unfortunately, what we've seen of our new landlord so far, he is an a-hole. On the other hand, the property is owned by two partners, so going with the other landlord still wouldn't be out of the question. This may be something we can at least try. We probably will, however, be out within 30 days even if an eviction notice is issued.
When you deal with the other partner, you can remind him that giving you a few extra weeks (for which you will pay rent) to get your new place will be a lot cheaper then trying to go through eviction proceedings for you....
 

coronaman

Junior Member
Who's Liable? said:
You wouldn't... The question was if you "if we even had to give notice considering our lease (or lack thereof)."... Not "If the LL has given us 30 days notice, do we still have to give 30 days notice"
Sorry, that was just me coming to a realization. Wasn't really a question.
 

ENASNI

Senior Member
coronaman:
What kind of negotiations are you implying?
You got the answers from ecmst12

ecmst12:

OP has another option, he can ASK for a 30 day extension due to the house buying situation. Not all LLs are a-holes, they might be willing to work with him.
Yesterday 04:36 PM

When you deal with the other partner, you can remind him that giving you a few extra weeks (for which you will pay rent) to get your new place will be a lot cheaper then trying to go through eviction proceedings for you....
Yesterday 08:24 PM
 

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