Georgia Rent Increase Notice For Month-to-Month Lease

Georgia Rent Increase Notice For Month-to-Month Lease

Marietta, GA · Member since 2016 · 43 posts · 14 votes

I own four single family houses in Marietta and Woodstock, and I am thinking about raising the rent. The leases end on 5/31/22 and will then automatically become month to month. Since they are month-to-month, I am wondering if I can just give a month's notice for rent increase. 

As far as I can find, the handbook and code do not specifically address rent increase notice. What it does say is: "Sixty days´ notice from the landlord or 30 days´ notice from the tenant is necessary to terminate a tenancy at will." 

Since I am not terminating a tenancy and the leases are month to month, do you know if I can just give 30 (or 40 or whatever - something less than 60) days' notice to raise the rent? 

If you are a Georgia attorney who works with this kind of thing and you don't want to put anything in writing, feel free to send me an individual message and we can have a conversation. Thanks!

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Developer · Decatur, GA · Member since 2011 · 1k+ posts · 1k+ votes
4y

60 days is best.  Also, why aren't you extending the lease?

My lease says the lease becomes month to month after the expiration at a higher rent amount.  Might want to add something.

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  • Matthew NicklinBusiness Member
    Real Estate Agent · Woodstock, GA · Member since 2018 · 254 posts · 255 votes
    4y

    What does your lease say? That is the first question any attorney/courts will ask.

    60 days is best practice and it is what I do and recommend to clients. I would recommend you do that to avoid issues. Tenant may not stay at higher rate anyway and may move out at 30 days if they give notice. Just send a very clear and concise message to the tenants the rent will be $X effective XX/XX/XXXX and then you will find your answer pretty quick if they wish to stay or give notice. 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    @Mark Tanner from what I understand of Georgia law, tenants that are on a month-to-month or verbal lease require a 60-day notice of rent increases.

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  • Developer · Decatur, GA · Member since 2011 · 1k+ posts · 1k+ votes
    4y

    60 days is best.  Also, why aren't you extending the lease?

    My lease says the lease becomes month to month after the expiration at a higher rent amount.  Might want to add something.

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