I had a 1 year lease that ended last year. I've been month to month for 13 months now.
In Georgia, as in most states, a month to month tenancy can be terminated by either party with a 30 or 60 day notice. In Georgia the law is slightly different, so read on to discover how it applies under your particular circumstances.
Upon expiration of your original lease, if the landlord continued to accept rent payments and allowed you to stay in the unit, a tenancy-at-will was created. The terms of the original lease would still apply to the tenancy except that the landlord can terminate or change the terms with a sixty (60) day notice. The tenant could terminate the lease with a thirty (30) day notice to the landlord.
You are correct, under the statute the notice was defective. It should have read 60 days to vacate. I suggest you discuss your dilemma with your landlord and see if a mutually satisfactory arrangement can be achieved. If not, he would have to issue a ew notice allowing for you to have 60 days to vacate.
Most people won't like to hear that a mistake was made, so expect some push back. I suggest you simply offer to leave of your own accord, if he amends the notice originally give to you read "60 days". Otherwise, he would have to provide a new notice,a dn you could possibly get more than 60 days if he has to go to court.
You, however, would have your credit marred if the matter went to evictions court. The mere filing of an eviction can often impact your ability to rent decent housing for decades. Hence my suggestion for a compromise to be reached, making everyone walk away as a winner.
