Disclaimer – We are not attorneys and we are not trying to provide you with legal advice. We are trying to provide you with a ready reference to Georgia law regarding the landlord tenant relationship and share some techniques our company uses to comply with those laws. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website. We encourage you to read the code for yourself and consult your own attorney before making any final decisions regarding your actions.
Many people mistakenly think of any month to month lease as a “tenancy at will” but this is not the case. What 44-7-6 says is that “Where no time is specified for the termination of a tenancy, the law construes it to be a tenancy at will.” If your tenant signed a lease at move in, and that lease has language that, after the initial term the lease will be continued on a month to month basis, then you do not have a tenancy at will. If you have a well drafted lease form then all of the other clauses in your lease would still be applicable. One of those clauses may require that either party, not just the tenant, has to provide a 60 day notice before terminating the agreement. If you do end up with a tenancy at will, then the landlord would have to provide the tenant with a 60 day notice to vacate but the tenant would only be required to provide a 30 day notice to the landlord in order to vacate.
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