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[GA] Can a landlord require full monthly rent when a month-to-month tenant moves out mid-month?

My tenant is moving out Nov 15. They gave notice on Sept 15 and it is a month to month lease using this form. I am stating that full month of November is due and I'm giving them a credit back for essentially 1 week rent as a gesture/ goodwill. They are demanding it be prorated to the full amount. They did enter in via a few days proration at the beginning. They assumed proration at the end without requesting it. What are my options?

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Elizabeth
Elizabeth

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In GA, while it may be common practice among realtors to prorate rent at the beginning and end of a lease term, this is not a legal requirement unless specified in the lease agreement.

The tenant's assumption of proration based on their initial move-in experience does not legally bind you to offer the same terms upon move-out unless it was explicitly agreed upon in writing.

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Georgia-Month-To-Month-Lease Agreement

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My tenant is moving out Nov 15. They gave notice on Sept 15 and it is a month to month lease using this form. I am stating that full month of November is due and I'm giving them a credit back for essentially 1 week rent as a gesture/ goodwill. They are demanding it be prorated to the full amount. They did enter in via a few days proration at the beginning. They assumed proration at the end without requesting it. What are my options?

Lexi

Lexi, Chatbot

I understand that handling tenant move-outs can be challenging. Can you tell me if there was any written agreement specifying how the rent should be handled for notice periods?

We don't have statements about the notice periods in the agreement.

Lexi

Lexi, Chatbot

Have you had any prior discussions with your tenant about the proration terms, or was it only assumed on their part?

They moved in with proration on the front end and this was written in under a different agreement and it was assumed by them that this would be offered on the check-out.

Lexi

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your lease termination issue.

I have a copy of the lease if this is helpful. Also, the tenant is a realtor so is trying to use this as a leverage point saying they know what they are doing.

Elizabeth

Elizabeth

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, in what state is the apartment?

Thanks. This is a house in Sharpsburg, Georgia.

Elizabeth

Elizabeth

Thanks for sharing that. Does the lease not allow them to leave mid month?

The lease does not write this in. They moved in partial month but there is no provision for this written in. It was a 12 month lease that went to "month-to-month" about 18 months ago with a 60-day notice requirement. The lease doesn't have language for leaving mid-month is a more accurate way to respond to your question.

Is them giving notice on Sept 15 that they are leaving Nov 15 an automatic assumption of prorating the rent? (I was assuming they would pay the full month rent).

Elizabeth

Elizabeth

Got it, thanks for clarifying. In GA, you don't legally always have to pro-rate, but many tenants do assume it, as they will have returned the unit to you.

I offered them a 25% of the month credit as a gesture (meeting in the middle of our misunderstanding). It is sum of about $525. She (realtor) is saying it is always the case and "best practice" and that it is written into all the standard GA realtor leases to prorate at the beginning and the end.

Elizabeth

Elizabeth

In GA, while it may be common practice among realtors to prorate rent at the beginning and end of a lease term, this is not a legal requirement unless specified in the lease agreement.

The tenant's assumption of proration based on their initial move-in experience does not legally bind you to offer the same terms upon move-out unless it was explicitly agreed upon in writing.

This is the bottom line question. I was and am working under the terms of our lease agreement, and they are working under assumptions but trying to make them legally binding to me because I offered it on their move-in. Now they are mad and I need to defuse the situation and ultimately be reasonable throughout. I am aware that I cannot rent to someone else and collect rent from 2 parties for the same location during the same time period.

If it is a month-to-month lease is it standard that it is "monthly rent" unless there is proration agreed upon in writing? Is this the right way to think about it?

Elizabeth

Elizabeth

Yes that's correct. In GA, in a month-to-month lease, the default assumption is that rent is due for the entire month unless there is a specific agreement stating otherwise. This means that unless your lease explicitly mentions proration for mid-month move-outs, you are within your rights to expect full payment for November.

Ok. Thanks. This is helpful that I'm not going crazy.

Elizabeth

Elizabeth

In some states, pro-rating is the law. In GA though, you're exactly on the right track.

I want to follow the law and also be reasonable too. On move-out, is it standard that they return the property in a clean state like when it was found? I had a professional cleaner before they move in ($600-700) make it look amazing for them. And if this is not the case, can this be taken out of the security deposit?

Elizabeth

Elizabeth

The standard is broom clean. Unless the lease requires them to hire professionals.

Here is what is in the lease:
The Tenant(s) at all times shall, at their own expense unless otherwise stated in this Agreement, maintain the Premises in a clean and sanitary manner, and shall surrender the same at termination hereof, in as good condition as received, normal wear and tear excepted. The Tenant(s) may not make any alterations to the Premises without the written consent of the Landlord. The Landlord shall be responsible for structural repairs to defects in the interior and exterior.

Elizabeth

Elizabeth

So that means they would have to return it broom clean. Normal wear and tear though, is allowed.

Helpful - I did have this under the "additional terms."

In addition to all the terms, conditions, covenants, and provisions of this Agreement, the Landlord and Tenant(s) agree to the following: Holder shall have the right to deduct from the Security Deposit:

  1. the cost of repairing any damage to Premises or Property caused by Tenant, Tenant’s household or their invitees, licensees and guests, other than normal wear and tear;
  2. unpaid rent, utility charges or pet fees;
  3. cleaning costs if premises is left unclean;
  4. the cost to remove and dispose of any personal property;
  5. late fees and any other unpaid fees, costs and charges referenced herein.

Re-Key Fee. Upon vacating the Premises Tenant agrees to pay the fee to rekey the locks set for the lease where herein either upon the termination of the Lease or to replace any mailbox keys or access cards not returned by Tenant at move out.

Elizabeth

Elizabeth

It looks like your lease agreement does allow you to deduct cleaning costs from the security deposit if the premises are left unclean. This means you can use the security deposit to cover any necessary cleaning expenses if the property isn't returned in a clean state. That though means generally broom clean.

Ok - this sounds good. Thanks. I'm good here. Appreciate your help.

Elizabeth

Elizabeth

You're very welcome.

Hope you have a good rest of your day. Thanks for doing what you're doing.

Elizabeth

Elizabeth

I'm glad I could help!

Elizabeth

Elizabeth

40,904 satisfied customers

Elizabeth
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