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luvinlife · Jun 25, 2008, 07:30 AM

I moved to Norcross, Georgia at the end of December 2007 and stayed in a hotel until January 2nd, the date my lease began for a 6 month lease I thought I was signing. My lease expires on July 31, 2008 instead of the 1st of the month, like I thought. But that's not my issue. I turned in my notice to vacate on June 14, 2008 for that date and the management company is requiring me to give a 60 day notice on this lease.

I went into the office on two occasions before June 1st asking about my lease expiration and the rent increase if there would be one and they stated they would be sending me a letter from their corporate office. The office finally hand delivered a rent increase letter on June 13th that was dated for June 7th. Now they are trying to hold me responsible for the rent through August 14th and I don't believe that is fair. Please help!!

NowWhat · Jun 25, 2008, 07:47 AM

Have you looked over the lease that you signed?

If it requires a 60 day notice - then they would be right in holding your responsible until August.

As far as the rent increase - normally, it is a 30 day notice of increase. I would check it to make sure - they may go on 60 days as well. When is the effective date?

luvinlife · Jun 25, 2008, 07:55 AM

It's showing a 60 day notice required by me until the lease expires then it switches to 30 days. The effective date of the rent increase is August 1st.

NowWhat · Jun 25, 2008, 08:02 AM

Then I would say it is right in line. To avoid paying the prorated rent, a notice should have been given on May 31st. (or 60 days out)

The rent increase sounds about right also. It is not unusal to raise the rent at the end of the term. There might even be a difference listed for a month to month rate or if you re-sign the lease. If there is, your rent will most likely be prorated for the month to month rate.

Does your lease outline how much notice they have to give you on rent increases?

luvinlife · Jun 25, 2008, 08:15 AM

It says the management company can give 30 days notice of a rental increase. But if you don't choose it then you go month-to-month (and according to the renewal notice, pay a $200 m2m fee on top of that) This is just odd!!

In Maryland, any lease shorter than a one year term has a 30 day notice to vacate and leases 12 months and over require 60 days notice. The landlord is required to give 60 days notice of rent increases.

Clearly this is a state that favors the landlords over the tenants!

ScottGem · Jun 25, 2008, 08:21 AM

You signed the lease, which means you agreed to the terms of the lease.

That being said, I don't think they can win in court to require rent until 8/14.
I don't believe a court would allow them to give you less than 60 days notice of an increase but require you to still give 60 days notice of moving. The proiblem is, you would have to refuse to pay and have them sue you to win.

NowWhat · Jun 25, 2008, 08:23 AM

I know it seems odd. Especially if you are coming from a place that doesn't have these things outlined in a lease.

The reason behind it, I think, is to detour a month to month lease. There is so much competition in Atlanta, that a complex wants to know they are leased up - a month to month, well you can really move at anytime.

Unfortunately, they are holding to the guidelines of the lease you signed.
Sorry.