Please elaborate on legalities concerning new apt. owner, no new lease!

[ahutchGA]

Hi! I spoke to you a few days ago concerning the Atlanta apartment complex, the new property owners, and the fact that we have not signed a new lease even though the new owners sent a note saying previous lease wasn't in effect. I went looking for that note the other day (thought I knew right where it was. I was wrong). Couldn't find it but did find previous lease where the people who signed the agreement were previous company, my husband and me. The lease itself is broken when one of the three people in the contract changes right? How should I phrase the letter when we leave this complex? How much rent should we pay? We found another complex we really love and we can't wait to get there! Thanks again for your help and deliverance!

 

[Tracey]

When landlord sells, the new owner takes the property subject to the tenant's lease. Thus, new owner can't kick tenant out until the lease expires if tenant doesn't want to go. However, if tenant doesn't want to continue the lease, tenant can leave by giving the statutory notice for a month to month tenancy or tenancy at will. Here, since new owners have denied the lease, they can't make any attempt to make you stay. (They'd lose anyway.)

Give them 30 days written notice and move. You only have to pay rent until the last day specified in your notice, so prorate the rent if you leave before the end of the month.

Enjoy the new place.

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*** CODE SECTION *** 10/15/99
44-7-6.

Where no time is specified for the termination of a tenancy, the law construes it to be a tenancy at will.

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*** CODE SECTION *** 10/15/99
44-7-7.

Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will.


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited June 01, 2000).]