All Forum Posts by: Tina M mcdonald

my main question if anyone on here can answer this is...

Do they still owe me a 30 day notice to vacate even though I gave them notice first?

I guess I should follow this up with they are seeking their full deposit back and I have a problem giving them that back when they just split without warning. Could a portion of their deposit be used for November rent until I get a new tenant? That is really the question I was wanting to know. I am completely grateful they are gone but the eviction process in my state is fairly easy and cheap I have done it before. Just not looking to return deposit. 

I have a month to month tenancy with my current tenants. Due to them breaking the terms of their lease I gave them a notice that I was to end the lease, notice was given on October 20, 2019. Georgia law requires me to give them a 60 day notice whereas they would have to only give a 30 day notice to vacate the property. My issue is I gave 60 day, they then vacated the property (without my knowledge) within 10 days. I only found out that they were gone when I texted them on November 5th that I would have to begin the eviction process for non payment of rent for November. My question is this, are they legally still bound to the lease through the 60 days or do they have to still at least give me a 30 day notice that they are leaving even though I gave them the 60 day notice already? It's a tricky situation but without warning I have no tenants in the property and I feel they owe November rent or at least through the time when I am able to get it rerented. I feel this will end up in court and want to be on the right side of the law. Thanks in advance.

Thank you Kevin. I am having them move all their belongings out of the basement now.

They do have renters insurance and have filed a claim. I made it clear in an addendum I added to the lease that it was an unfinished basement and any and all improvements that they want to make or do make have to have prior written approval from me or my husband as well as permits and insured licensed contractors for electrical, plumbing, etc. To date they have not had me approve anything as far as improvements. I also stated that anything they did change must be taken down when they leave. Again, they have told me nothing as far as adding anything.

I have a bit of a sticky situation. My current tenant has renewed lease for 2nd time. My basement is unfinished and not intended whatsoever to be used as living space. Water is currently coming in and I am in limbo with HOA trying to remedy the situation outside of the house. The problem inside is that my tenants are using space as their master bedroom. So their stuff is getting wet. I don't want to make them angry but that space should be used for storage at best. If it was just storage I would tell them to move whatever they have down there to upstairs in the livable area. What do I owe them? They want out of the lease. I am willing to let them leave no problem. They are looking for moving expenses, etc. Help.