What are my rights if I have been living in a residence without a current signed lease since for 2 years?

I rented a home at which time I signed a lease. The landlord provided a 60 day notice to terminate tenancy. I have not signed a lease since the original one in 2 years ago. What are my rights? What am I obligated to pay in regards to paying rent or balance due at this current time?

Asked on October 2, 2018 under Real Estate Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Since you have no formal agreement now that your written lease is expired, you are considered to be what the law calls a "month-to-month" tenant. This means that upon 30 days month's notice, either you or your landlord can terminate your tenancy. Until then, you are legally obligated to pay rent for the time that you remain on the premises.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) Without a currently in effect (unexpired) written lease, you are a month-to-month tenant on an oral (unwritten) lease. Either you or the landlord can terminate the tenancy on a month's notice, so 60 days notice is more than sufficient to terminate your tenancy.
2) You have to pay rent for all time you are actually using or living in the space, up to when you move out. If you don't, you could be sued for the balance.

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