Tenancy status in Condominium in Georgia
October 5, 2011 7:38 AM   Subscribe

I rent an apartment in a building with a condo association in Atlanta, GA. My lease was not registered by my landlord with the building condo association. Does this impact my legal tenancy status?

I moved into an apartment this summer in a high-rise. I have a signed year-long lease for the unit. After moving in I learned that my landlord (the owner of the condo unit, one of hundreds of owners in the building) had not registered the lease with the condo association. My landlord now would like to break my lease (he has found another potential tenant he believes will pay 3x what I am paying).

Does the fact that my lease is not registered with the condo management association impact my legal tenancy status in Atlanta, Georgia at all? I'd like to approach the condo association directly, as I am uncomfortable not having my lease on file with the building, but am not sure if this will further endanger my tenancy.

(I know you are not my lawyers. I contacted the free legal aid hotline last week with no response, and the free legal aid clinic told me they take cases but don't answer individual questions. Thanks!)
posted by anonymous to Law & Government (3 answers total)
Off the top of my head, and knowing this ain't legal advice? I'd say that his condo association is HIS business, and the lease with you rules.

However: do you really WANT to stay with a skeevy landlord like this? Winning might mean you hold the moral high ground, but it won't get his butt in there very fast if, god forbid, the heater dies this winter...... insist on TWO months' notice, till December 1, plus an agreement that the security deposit will cover your November rent, and move.
posted by easily confused at 8:17 AM on October 5, 2011

As a landlord, but absolutely not a lawyer, in Atlanta, he needs to give you sixty days notice to vacate. If he does that and you don't vacate, he will have to go to court to evict you. This is costly and a bunch of bs, so hopefully he won't do that.

I wouldn't think that your lease not being on file would effect your legal status, in general GA landlord/tenant laws are weighted heavily toward the tenant. If you have established "residency" which you have I assume, he can't just toss you out.
posted by stormygrey at 8:38 AM on October 5, 2011

My landlord now would like to break my lease (he has found another potential tenant he believes will pay 3x what I am paying).

The last I checked, a lease is essentially a contract. He can't just break your lease without having a case against you just because he wants more money. If you actually want to leave, this is a golden opportunity to negotiate with him. I'd offer to let him break the lease provided he paid me six months rent and gave me 30 or 60 days to find a new place, and let him negotiate down to three months. If he's going to get 3x rent, he'll make it back up in no time.
posted by Mister Fabulous at 9:00 AM on October 5, 2011

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