Legal Question in Landlord & Tenant Law in Georgia

Default?

My lease states that Feb 17, 2004 is my termination date. I gave the apartment 2 months notice that i would be out of my apartment before Feb 1, 2004 and was hoping that they would drop the remaining 17 days and lease out the apartment. After I moved out I turned in my keys. The apartment complex took it upon themselves to enter my apartment and get it ready for the next tenant, who moves in on Feb 23, 2004. However, they have sent me a bill for the 17 days in February of approximately $300. I informed them that since I was to pay the rest of my lease that I would also like my keys back to make use of my apartment since it is legally mine till the 17th. They are refusing to give me my keys back and threatening to turn me into creditors if I don't pay. What are my options? Am I legally bound to pay for an apartment that I can not use?


Asked on 2/11/04, 11:10 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Default?

Based on these facts, it appears as though the complex has a valid argument that you breached the lease. The breach would have occured when you turned over possession to the landlord -- ie, turning in your keys. After a breach, it is their apartment to do with as they please, and you really can't go back and "undo" it, or claim possession of the apartment. In fact, generally, the landlord has a duty to mitigate their damages by finding another party to rent the apartment, which they did (though it won't help you since they move in the 23rd).

Perhaps you can strike a deal to pay part of the charges in cash, and move on. Keep in mind that apartments are pretty active in turning over these accounts to collectors. Good luck!

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Answered on 2/11/04, 11:18 am


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