Landlord Question and Answer Forum

30 day notice and security deposit

Hello, We have a tenant who's lease ended on Jan. 31. In late Dec. we told the tenant we were going to increase the rent by $50 if he agreed to sign a new lease. He told us then he was willing to pay the increase and stay in the house. On Feb 1st he told us he was moving out. We told him that he either had to pay us rent for the month and move out by the end of Feb. or move out by Feb 3rd any pay nothing. Since he initially told us he was staying, and stayed past the end of his lease are we entitled to keep some or all of his security deposit due to the holdover and lack of 30 days notice of his intent to vacate? If he had told us back in Dec.. he was moving out we would have had a chance to advertise & find a new renter, etc. The property is located in Georgia. I've searched high & low and I can't find any advice on this particular situation Thanks in advance.

Read your contract. In most cases if the lease is not renewed, the contract continues as a month-to-month. All notifications by either party must be in writing. He said-She said will not hold up in court for either party.

Posted by Bob R, CA on Friday, February 03, 2012

I would pro rate the rent and if he has a problem with that tell him to take you to court. but always document it and have a paper trail in the future. did you have him resign a new lease with the adjusted rent increase?

Posted by Denise S, NY on Friday, February 03, 2012

The lease did specify that it would become a month to month. We signed the new lease and brought it to the house, he didn't answer the door even though his car was in the driveway. We left the new lease in the mailbox and texted him to sign & mail it back with February's rent. It sounds like pro-rating the rent is our best option. Thanks for the help.

Posted by Don B, GA on Friday, February 03, 2012

Technically, if he did not give you written notice, he can stay there until you receive such a notice. If the place is vacant, you need to check with local laws to determine vacancy and when you can enter the unit to get it ready for the next tenant. This is thin ice area. If YOU want him out, check with local law and send him a cerfified letter stating that you will not be renting the unit to him as of...... Also, I believe you would be entitled to charge him rent until you rent the unit to another individual and advertising expenses. Again, this assumes that he never gave you WRITTEN notice.

Posted by Bob R, CA on Friday, February 03, 2012

Bob's nailed it on the head. As long as there are no legal written documents on his extra stay, he would a legal mandate to do so.

Posted by Kyle O, MO on Thursday, March 01, 2012