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Updated over 5 years ago,
End of Lease with Roommate/Economic Unit in Georgia
I have a rental in the state of Georgia with 3 unrelated individuals on the lease collectively as "tenant". They pay sec. deposit and rent as a single payment. At the time of the lease renewal decision, 1 out of the 3 roommates decided not to renew. The lease agreement with these 3 individuals states the beginning and ending date of the lease (one year) and that, "in the event that landlord or tenant does not elect to terminate the lease at the ending date, then the term of the lease shall continue on a month-to-month basis." Note that there is no Roommate/Economic Unit agreement in place stating that, "Security deposit will remain with the landlord until the dwelling has been completely vacated by all occupants." For the new 1-year lease with the 2 remaining individuals (and their selected 3rd roommate), the rent amount (and sec deposit) has increased. I've asked the 2 who will remain to pay a new sec deposit (and I plan on returning the full amount of the previous sec deposit). The 2 remaining have agreed to the rent increase, but want to have the previous sec deposit rolled over without paying the new increased deposit. They are also stating that since nothing was given in writing by landlord or by them to terminate the lease, they are now considered month-to-month. My questions are:
1) how to go about doing a move-out inspection properly (should I inspect only the room being vacated or the entire home)?
2) how would you handle the security deposit? (keep the previous one and roll it over? or return it and ask for the new deposit?)...I don't know how they divided the rent or deposit payments amongst themselves.
3) although there was no written lease termination agreement, since the collective "tenant" is changing and lease has ended, would that nullify the automatic month-to-month term?
4) for the landlords who only do lease terms for 1 year at a time, do you not include the automatic month-to-month clause if renewing with current tenant?
I hope this was thorough enough to receive sound advice/answers, because I'd greatly appreciate some insight. Thanks in advance.