Landlord to Tenant (End of Lease) [.pdf]: In Georgia, a fixed-term lease must be terminated at least 60 days in advance. In Georgia, month-to-month leases need notice at least 60 days before the payment date. If no notice is given, the tenant is considered to have accepted the offer made by the landlord.
Tenants in Georgia can also easily break out of a month-to-month renting arrangement. You must give at least 30 days' notice (half the notice that landlords must provide). Check your rental agreement, as it may state that you must provide your notice to cancel the lease on the first of the month or on another precise day.
Tenant Rights and Responsibilities in Georgia When Signing a Lease A lease binds you and your landlord for a specified length of time, generally a year. A landlord cannot raise the rent or amend other provisions of a standard lease until the contract expires (unless the lease itself provides for a change, such as a rent increase mid-lease).
For example, before initiating an eviction case, your landlord must issue you a demand for rent (Georgia Code Ann. SS SS 44-7-50 and 44-7-52). Tenants are legally obligated to pay rent for the whole lease period, which is normally one year, whether or not they continue to live in the rented unit—with the following exceptions.
If your lease does not mention a time period for non-renewal notification, the landlord will get a 60-day notice and the renter will receive a 30-day notice. According to the Georgia Landlord-Tenant Handbook, this is the case. For instance, if your lease expires on November 30, inform the tenant by October 31 that you will not renew the lease. If the tenant wants to continue renting the apartment after its expiration, they must give you written notice of intent to remain before November 30.
In other words, if you want the tenant to leave at the end of the lease, tell them soon enough so they have time to find another place to live. It's better to be clear about this with tenants as early as possible so there aren't any surprises later. The earlier you give them notice, the more time they have to find another place to live.
Of course, if there is an explicit term in your lease saying how long you have to give notice, then follow it. But if there isn't, don't be surprised if your tenant wants to stay for several years yet still finds time to look for another place to live every time there's a renewal date coming up.
This goes for landlords too. If you know you won't be able to rent out your unit next year because you're moving away or because you decided not to take on any new tenants, let your current tenant know early so they have time to find another place to live.
Landlords in Georgia are required to offer 60 days' notice before increasing rent. This means that a landlord must give you at least 60 days' advance written notification of any planned increase in rent. If the increase takes place less than 60 days after the date of the original notice, then the new rate will apply from the first day of the next month.
In addition, under Georgia law, if a landlord increases the monthly rent more than 10 percent without providing prior written notice to the tenant, the old rate continues to apply for another 30 days. Therefore, if your current lease ends on January 1 and the landlord increases your rent by more than 10 percent between now and February 1, then you should be notified that the rate will be raised before then. If not, then you are entitled to continue living there until March 1 at the old rate.
You should also know that if the landlord does not provide timely written notice of their intent to raise the rent, then they are automatically deemed to have agreed to the new rate set by the government agency responsible for setting maximum rental rates. In other words, they have accepted the new minimum wage ordinance or fair housing law that has been passed by your local government.