Lease Nonrenewal are Becoming a Problem

Now that people have received their taxpayer funds to pay their back rent, the next big threat to tenants, at least, is the landlord's decision to not renew leases.

This has become prevalent because some leases have renewal clauses that limit how much the rent can be raised during the next term. If the landlord can move the old tenant for a new tenant, the rent can be raised hundreds of dollars. Without a rent increase clause, the landlord can increase the rent anyway.

Georgia law on non-subsidized housing does not protect the tenant with right to renew laws and rent caps. Therefore, unless the landlord is willing to negotiate with you, the best thing to do is move on to another location.

Rent Concerns are looking for Those Hit with Job Loses

Rent Concerns Arrive with April 1

Negotiate Payment Dates Before You Sign Your Lease

If you get paid on the 1st and the 15th of each month, before you sign your lease negotiate a payment date with management in writing to avoid late fees and dispossessory filings.

For instance, the rent payment can be split and due on the 2nd and 16th of each month. 

Any changes to the standard must be in an addendum and made a part of the lease.

AGAIN - TENANTS SHOULD CONSULT OR HIRE AN ATTORNEY BEFORE GOING TO COURT

Early this week I sat in court in Savannah while a woman tried to explain why she had not paid rent.  Her excuse related to health problems.  This was no excuse or defense under the law.  Unfortunately, she just glanced over a defense that may have afforded a few weeks, instead of the 7 days.

More specifically, before a landlord files a dispossessory, he or she must demand possession of the premises beforehand.  Oftentimes, landlords are quick to the draw and miss this step.  She breezed over this omission by noting he just said I was late and then I received this notice for court.

This failure to give notice should be given in your answer as an affirmative defense.  However, if you have already filed your answer, you can still raise it in court.  However, in that instance, you have the burden of proving the defense. 

In the case in Savannah, the landlord's attorney, but not the landlord appeared. 
Therefore, if the poor woman had just focused on that defense, above all, she would have won because there would have been nobody there to dispute her assertion. 

Again, if the case had been dismissed on this technicality, it would have allowed her approximately
2-3 weeks to find a new place.

An experienced tenant attorney would have given her that defense in a short phone call or a 30 minute consultation.  This information would have armed her with a defense to represent herself and win in court.  Don't short change yourself by doing it alone.  Get some help with an experienced tenant attorney. 

Norcross Hotel to Stable Rentals

https://www.facebook.com/13310147298/posts/10157801819157299/?sfnsn=mo

It will be interesting to see how the project works out. 

Those in hotels and other bad living arrangements can pay their monthly obligations, but are often stuck because they can't afford to save enough money for the  security deposit and 1st month's rent.

AUTOMATIC LEASE RENEWALS -- Know What's in Your Lease

Tenants and landlords in residential and commercial leases should be mindful of automatic renewal dates. Frequently, leases have a 30-90 day notice of nonrenewal. If neither party sends a nonrenewal notice, the lease may be automatically renewed for another year with a rent increase.

This automatic year renewal may cause a problem for a tenant who wants to leave at the end of the first term, who cannot afford a rent increase, or who wants to change the terms of the lease.

At the same time, an automatic year renewal can create a hardship on a landlord who wants to place the property for sale, who wants to move a better commercial tenant into an occupied space, who wants to increase the rent more than what's in the lease, or who wants to change the terms of the lease.

By contrast, a month to month automatic lease renewal has different hazards for the landlord and tenant. A good tenant has bargaining power to negotiate a lower rent with better terms or leave with 30 days notice. A landlord who is shopping for a good tenant has the freedom of time to shop the rental property to obtain better lease terms. Once that new tenant is found, the old tenant may be entitled to only 60 days notice before he has to vacate the property.

The best thing to do is mark your calendar, think about your plans for the coming year, and make sure you comply with the renewal or nonrenewal terms of your lease. If you have a good relationship with your landlord or tenant, you may want to discuss his or her plans for renewal before the deadline. Otherwise, you may be at a disadvantage in future lease negotiations.

AVVO Top Contributor in Landlord-Tenant and Family Law

Lawyer Paula Mcgill | Lawyer Landlord & Tenant

Lawyer Paula Mcgill | Lawyer Family