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Read further to learn more about the residential lease termination process in Georgia and how many days notice are required in which situations.
What is a Lease Termination Notice?
A residential lease termination notice is delivered to a tenant when a landlord requests to end the lease agreement. The ultimate goal of this notice is to have the tenant move out of the property within the specific time frame indicated by Georgia law.
In cases where either the renter or the owner of the property is seeking an early end to a lease agreement, a lease termination notice is the easiest way to facilitate the process. In the state of Georgia, there are several reasons why this might be the case, and one of these documents can ensure that all legal requirements are met.
For example, a landlord might require one of these documents when the letter of the original lease agreement has been in some way violated by the tenant. For a tenant, if the landlord isn’t maintaining the property or the lease is a month-to-month lease, then this can help facilitate a fairly straightforward move-out.
In Georgia, based on state code § 44-7-7, a certain period of notice is required before a tenant vacates the property. For the landlord, a period of 60 days must be provided in order to allow the tenant to find adequate accommodations. For renters, a period of 30 days is required in order to announce to the landlord that the tenant is seeking an end to the tenancy on the property. This type of legal document is a great way to ensure that neither the owner nor the renter is taken by surprise when an end to the tenancy is sought by the other party.
How to Write a Lease of Termination Notice in Georgia
In the next section, the required information for both landlords and tenants will be provided.
For landlords creating one of these documents, all of the pertinent information must be included so that the document is legal. A significant portion of the information required will originate from the original lease agreement, but there will have to be some additional information as well. As previously covered, a landlord will need to give a 60-day notice before a renter is expected to vacate.
The Date Information
The first thing that should be included in this document is information on when the lease is to be terminated. This establishes the timeframe for the tenant.
The termination notice must be delivered adequately to the right parties. The next step needs to directly address and notify the correct tenant that the landlord intends for the renter to quit the premises within the two-month period. All of the pertinent information about the tenant should be provided, especially the full name.
For the sake of legality, the landlord then needs to specify the location of the property. All pertinent info about the property should be mentioned. This includes the street address, the city, and the county that the property is located in. Additionally, if there’s valid information like lot number, subdivision, or block, then this should be included here as well.
If there has been a breach of the terms of the lease, then it’s essential that the landlord includes this information. This can consist of the period of the original lease and the lease terms. In Georgia, it’s also a good idea to include the reason for the lease termination in this section. Once again, landlords can include the precise date that the tenant is expected to vacate the property here.
For a tenant, the renter must provide all of the pertinent information so that the notice is legally valid. Some reasons that a tenant might break a lease include a violation of privacy rights, a lack of good maintenance and upkeep on the property, or if the unit is unsafe or violates Georgia health codes.
The Date Information
In this section, the renter should include the information about when the lease is being terminated as well as the termination date itself. This establishes a time frame. It’s critical, for the sake of legality, that the tenant provides at least a 30-day notice to the landlord.
For the sake of identification, the renter should include his or her name. This information should be both printed and signed.
Similarly to what the landlord has to provide, the tenant should include the full information about the premises where the lease is terminated. This includes the notice date, the county, and any other information about the physical address of the property.
For both the landlord and the tenant, a signature will be required on the notice so that the process of vacating the property can begin. In Georgia, there’s no need for a third party to deliver the lease termination notice, but any document will require verification of receipt by the affected parties. If an external agent is used for delivery, their signature will also have to be included somewhere on the document.
Georgia Laws on Breaking a Lease
For the sake of legality, Georgia provides some fairly straightforward rules when it comes to breaking a lease early. As a result, for those that don’t meet these requirements, some penalties may be levied by the landlord. Here are a few extenuating circumstances where a tenant can opt to vacate outside of the term of the lease:
- The rental unit is unsafe: Georgia states that a landlord is responsible for providing fit and habitable housing, and if he or she fails to provide this, this is grounds for lease termination. As a result, a landlord must perform repairs, and common areas must be kept clean and orderly.
- The rental unit violates Georgia Health Codes: Georgia health and safety codes establish that for properties that originate before 1978, the landlord must disclose if there is lead-based paint present on the premises. Additionally, if there are hazardous materials or unsafe conditions, the tenancy may be terminated by the renter with no repercussions.
- The landlord harasses or violates the privacy of the tenant: It’s illegal in the state of Georgia for a landlord to change locks, remove windows, or turn off utilities. Additionally, if a landlord enters the unit without a notice of at least 24 hours, then a privacy violation claim can be issued.
- The tenant is starting active military duty: Based on the Servicemembers Civil Relief Act, any renter entering into active military service may terminate a lease.