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    jc0031's Avatar
    jc0031 Posts: 2, Reputation: 1
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    #1

    Jul 19, 2010, 03:35 PM
    Georgia Real estate law
    If you don't resign a lease in Atlanta Georgia does it go to a month to month?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 19, 2010, 03:43 PM

    Depends on what the lease says. If the lease doesn't speak to the issue, then yes, it goes month to month. If the lease states that it must be renewed or terminated then the tenant has to vacate.

    Why do you ask?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Jul 19, 2010, 03:54 PM
    Not so fast, Scott. I was just looking it up. Yes, in the majority of states a lease becomes month-to-month if a new one isn't signed at the conclusion of the old one. But I found a case (Allen v. Montgomery, 105 S.E. 33) that says:

    "Rent accepted after expiration of 1 year lease implies renewal of lease for another year."

    I haven't found any more info yet.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 19, 2010, 04:46 PM

    Most written leases will be specific about it. So have you read your lease ?

    For most there is a requirement to give notice ( 30 to 60 day) and if you don't give notice, your lease automatically renews. It is very legal in Georgia to do that.

    So the first issue is what the actual written lease says about termination of lease.

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