security deposit

[KaranaC]

What is the name of your state?Georgia.

I moved into an apartment on September 15, 2004 on a six month lease. I gave notice on April 8th to move out of this apartment on May 15th, making my stay a round 8 months. My landlord has stated that she will hold 2 weeks worth of rent to cover the last 2 weeks of May because I didn't give notice on the first of the month. I offered to be out by May 1st if that would help her but she said no. My lease makes no mention of giving notice on the first, and I have given more than 30 days. I have read the Georgia rental code and find nothing in there that would allow her to do this. Can she???

 

[ENASNI]

um

I too have not read anything that says that it must be on the first. Have HER show you the law that says so. You are sure its not in the lease, correct?

I think she is trying to collect rent while she is getting the place rent-ready. I would say Nice Try! You didn't even move in on the first, so she had to have know about how to pro-rate a rent, Right?

If I am wrong someone will come after me and call me a ninny, but I sure hope they have the statute number and link where they found the info... Because I sure as Heckfire couldn't find it!!

 

[JETX]

Can she???

Of course she 'can'.... the question is... what will you do if/when she does??

According to a Georgia 'Landlord/Tenant Handbook:
"When a lease requires the giving of a written notice, the notice is effective upon its receipt."
http://www.dca.state.ga.us/housing/HousingDevelopment/programs/downloads/landlord/lstermrenu.html

Based on your post, in essence, you gave more than 30 day notice.... and your rental obligation would stop on the latter of May 15, or your final day in possession of the property. Though some states have the requirement that any notice must be made, or is effective, on the start of the next rental period, that is not the case in Georgia.

BTW, the specific statute you are looking for is '44-7-7':
Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will.

 

[ENASNI]

sigh

JETX my hero!

I did find that one but it wasn't exact enough for me, but you confirmed for me that it was close enough, Thank you.