old lease with perpetual line in it.

[allene223]

I signed a lease over 2 yrs ago.it was for the period of 1/16/07 to 1-31-08.

I gave my 30 days notice and now he tell me that I have to pay till jan of 2010.
I thought I was on a month to month but in the very back of the lease it has this : This lease will automatically renew under the same conditions for a period of one year and for every year thereafter. Is a vague line like this legal. I was under the impression you cant have a perpetual term.

also since I'm leaving before Jan I lose my deposit. How is this fair. How are people that have to move for jobs make it having to pay two rents.

 

[Gail_in_Georgia]

What state did this occur in?

Many leases have a clause that, unless the tenant gives notice (usually 30 to 60 days before the end of the lease) that they are not renewing, renews for another year.

Gail

 

[allene223]

georgia

I'm in Ga. and I've live here 2 years and need to move for my job.

 

[allene223]

also found out he has been using my water from the apartment. there is a work shop/ basement under my apt. with a bathroom and im paying for the water. is that stealing?

 

[Gail_in_Georgia]

From your description, it sounds as if the lease had an automatic renewal in it (as many do) and you continue into a 1 year lease that will end 1/31/09. If you move out early, you break the lease.

Does the lease allow you to sublet your place; i.e., find someone else to take over the rest of your lease?

It is not unusual that when a tenant breaks a lease, they forfeit their security deposit. This deposit would be used in place of rent until management can find another tenant. However, the landlord/management IS legally obligated to make the effort to rerent the unit. In other words, they just can't sit around and do nothing and expect to collect rent from you until the end of January, 2010.

Management is kind of idiotic in one way; they would be smarter to allow you out of this lease and attempt to rerent the place now. It is MUCH easier to rent during the summer months (lots of folks are looking to move now when their children are out of school or in anticipation of new classes starting in the late summer/early fall) than in the middle of winter.

And yes, this is stealing (in terms of the water) although I doubt that's a legal justification for you to break your lease.

Gail

 

[allene223]

Lawyer

Talked to local lawyer and was told that since he never had me sign new lease every Year there is nothing he can do as long as I give 30 days notice.

 

[Gail_in_Georgia]

Perhaps.

When a lease expires...and the tenant stays...they are now said to have a month to month tenancy. In most states this only requires a 30 day written notice to terminate the lease.

However, if the initial lease has a clause regarding automatic renewal it has been argued in a court that unless the tenant gives a written notice by a certain time (usually 30 to 60 days) before the ending date of the lease the lease simply renews for another year.

Because you signed a lease specifying these information, it implies that you were aware and agreed to everything stated in the lease, including this stipulation.

Will your landlord hold you to this lease to the point where he/she files a lawsuit against you? Who knows? You indicated you were moving; if you move out of the county (or state) it would be much more difficult to file a lawsuit against you in Civil/Magistrates Court (Georgia's version of Small Claims).

Good luck!

Gail