State law (60 day notice) vs lease contract (30 days) - moving ou

Member since 2021 · 2 posts · 0 votes

Hello, quick question about terminating/not renewing the month-to-month lease.

In GA, the landlords are required to give 60-day notice, but our lease agreement (attached below) states that "either party can give 30 day notice."
Wondering which one takes priority?

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Matthew Masoud
Investor · Orange County, CA · Member since 2014 · 363 posts · 408 votes
4y
Not familiar with GA's laws but state laws always supersede a rental agreement.
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Matt Devincenzo
Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
4y
Here is a link to the GA landlord tenant handbook. It looks like the 60 day notice only applies if the original tenancy expired and became MTM. So the question is was this always a MTM tenancy? If so then maybe your 30 day notice stands...you'll need to review the handbook for more details re: a MTM tenancy and confirm. Otherwise I agree State law/req's always supersede a rental agreement. You cannot write a contract that violates the rules and then just have the tenant agree to it. Being able to do that would defeat the purpose of the rule in the first place.
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