Missed deadline to give notice of termination of lease

[Chester Berg]

In Georgia, this is what my lease states:
22. Renewal. a. Term: The Lease  shall automatically renew for an additional 12 month increments (each of which shall be referred to as a “Renewal Term”) or  shall renew on a month to month basis with all other terms and conditions of the Lease remaining the same including, but not limited to, the number of days notice required to terminate the Lease. If the month to month option is selected, then the language below regarding the “Automatic Renewal” of the Lease shall not be applicable or part of this Lease. b. Automatic Renewal: Upon the first day of the calendar month following the twelve (12) month anniversary of the Lease Start Date, and every twelve (12) months thereafter, the rent will automatically increase 5% over the immediately preceding term rounded up to the next $5.00 increment. Landlord shall have the right to increase the rent above this percentage upon notice being given to Tenant at least ninety (90) days prior to the end of the then applicable Lease Term or Renewal Term. Upon the receipt of such notice, Tenant shall have thirty (30) days thereafter to notify Landlord of Tenant’s decision either to: (1) terminate the Lease effective upon the end of the current term of the Lease; or (2) accept the increase in the rent above the percentage increase set forth elsewhere in the Lease. If Tenant fails to timely respond to the notice of rent increase above the percentage increase set forth elsewhere herein, then Tenant shall be deemed to have accepted the increase in rent for the subsequent Renewal Term. After the expiration of 1 Renewal Terms, the Lease shall automatically become a month-to-month Lease if not otherwise terminated. All other terms and conditions of this Lease, including the notice provisions, shall remain the same and in full force and in effect.

I gave written notice to terminate my lease only 37 days in advance, instead of 60. We have been living there for 3 1/2 years. The last two renewals, they sent us reminder emails. This time they did not. My landlord responded that I technically cannot terminate the lease because it was not 60 days in advance. Any advice?

 

[xylene]

I would suggest you hire a lawyer ASAP.

Technically, your landlord's failure to send a renewal notice is a big problem.

 

[Chester Berg]

I would suggest you hire a lawyer ASAP.

Technically, your landlord's failure to send a renewal notice is a big problem.

As far as I understand, in Georgia, a landlord does not need to give a renewal notice.
I am more trying to understand what this means: After the expiration of 1 Renewal Terms, the Lease shall automatically become a month-to-month Lease if not otherwise terminated.

We offered to go month-to-month and he said that they don't offer that...

 

[Gail in Georgia]

Frankly, I don't even see what you posted that your lease requires that you provide a 60 day notice of nonrenewal; just a 30 day notice in the event that the landlord wants to increase the rent greater than 5 percent.

Where in your lease does it state that you need to provide a 60 day notice regarding your desire regarding nonrenewal?

Gail

 

[justalayman]

Not only do I not see a requirement of 60 days notice to deny the renewal, there is this gem:

After the expiration of 1 Renewal Terms, the Lease shall automatically become a month-to-month Lease if not otherwise terminated. A

If the lease has remained the same during your tenure, it converted to a month to month lease long ago.

 

[Chester Berg]

Frankly, I don't even see what you posted that your lease requires that you provide a 60 day notice of nonrenewal; just a 30 day notice in the event that the landlord wants to increase the rent greater than 5 percent.

Where in your lease does it state that you need to provide a 60 day notice regarding your desire regarding nonrenewal?

Gail

5. Notice Not to Renew Lease. A party electing not to renew the Lease shall be required to provide 60 days notice of the same to the other party.

 

[Chester Berg]

Not only do I not see a requirement of 60 days notice to deny the renewal, there is this gem:




If the lease has remained the same during your tenure, it converted to a month to month lease long ago.

Yes, that's what I thought. But the property manager told me that they don't do month-to-month so I though that maybe I was misunderstanding something!

 

[justalayman]

5. Notice Not to Renew Lease. A party electing not to renew the Lease shall be required to provide 60 days notice of the same to the other party.

Regardless, the statement that the lease converts to a month to month after the expiration of 1 renewal term means starting your third year, you were in a month to month tenancy, unless some other section counters that somehow.


You latest post does also show why the lease needs to be read in its entirety. The entire document is taken as such. It cannot be parsed into sections with each being taken as written without knowing if there are other sections that affect them.