Legal Question in Landlord & Tenant Law in Georgia

Appartment Lease Contract

My 20 year old daughter and I signed a 1 year lease for a basement appartment from a single divorced woman (who lives in the house) in Atlanta, Georgia. We paid $600.00 first mo., $600 last mo., and $600 deposit up front. The second month into the lease we were informed by the lanlord that the house may be sold soon and my daughter would be given at least a 30 day notice to find another place to live. We also found out that the house has been on the market for past 6 months. This information was never revealed to us, or we would not have rented the appartment. My daughter has found a place to move to with a friend at a great price...free!, but she has to make the move soon. I thought we were doing the landlord a favor by finding a place for my daughter so soon, but she will not let us out of the lease unless she actually sells the house, Question: Do we have a legal right to break the lease , even if I'm willing to give up the deposit, since the lanlord withheld the fact that the house was for sale and my daughter might have to move at any time?


Asked on 2/22/07, 8:24 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Appartment Lease Contract

Paying a lawyer an hourly fee is one of the last things you need to do. That money can be used to resolve the matter. You need to work it out. Your post is not clear, but I am guessing that you do not live there? On one hand, it looks like the landlord is still providing what she promised in the lease (ie, the apartment), and that is the reason she wants rent as long as possible. There is a valid argument that as long as she is still holding up her end, the lease is still good. On the other hand, as you said, you didn't count on uncertainty and that would have been an important fact had it been disclosed. You can let the owner know that your daughter comes with the house, if sold, until the lease expires and that you believe the owner knew from the beginning that there was a good chance she would not fulfill the lease. There is an implied duty of good faith in every contract. The, discuss it and work it out, in writing. Do not simply pick up and leave and have this hanging out there. You do not want a small claims lawsuit after the landlord does not sell the house.

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Answered on 2/23/07, 7:24 am
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Appartment Lease Contract

You might need to get an attorney involved to examine the lease/determine your options under Georgia law. Please fell free to contact me, if you would like to pursue this.

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Answered on 2/22/07, 8:48 pm


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