I need Real Estate Legal Advice

[YourKock'sReallyGreat]

A friend of mine signed a one year lease to rent a town home in the state of Ga back in 2006. The lease expired in 2007 and they had been living there until a week ago. My friend found a new home in early November and gave the landlord of the previous home 3 weeks notice. The landlord contacted my friend today to notify them that he is not giving back the security deposit due to the failure of the 30-60 days notice. My contention is that the lease is no longer valid. I have looked online or the Laws of Georgia but I cannot find anything about expired leases.

[CanadianChris]

Normally, when the lease expires you go month to month, but you still have to give notice that you're leaving.

[Dandy]

True. However, I was told by a knowledgeable source that leases are pretty much dead in the water when it comes to court proceedings. However, Part II: it's not really worth the money you would spend fighting the system to get your deposit back.

 

I have been living in my apartment for 4 years without a lease. It carries over month to month, and yes, I will need to honor the original lease by giving the landlord at least one month's notice to get my deposit back.

[Cheech Tremendous]

It would totally depend on the language of the original lease. Most leases have a clause that rolls the agreement over to a month-to-month basis after the lease expires. However, in most cases, the original terms still apply unless otherwise stated. Therefore, the 30-day notice would still be binding. I think it's a lost cause to try and get the deposit back.

[YourKock'sReallyGreat]

Thanks for the advice.

[Guest Agent of Oblivion]

Trash the shit out of the place. You're not getting the deposit back anyway, right?

[kkktookmybabyaway]

I agree with Agent. I rented an apartment once and left it in way better shape moving out than moving in and still got sodomized with my deposit. (interesting choice of words toward the end there)