Legal Question in Landlord & Tenant Law in Georgia

Early termination of lease/ due to damage

I was in a 1year lease of a home which in January had the central air conditioning unit stolen. We tried to communicate with our landlords on several occasions regarding getting the unit replace and never recieved a response after our initial call when they stated that they were working on it. Anyway after one last attempt at contact in March and no reply I sent my thirty day notice to terminate my lease. I explained that we were not satisfy with the lack of communication and because I was due to give birth and the heat in the house was unbearable. Well after receiving the letter the Landlord calls and wants us to pay a release fee and one months rent because that is what is in the lease. My issue is the only reason for the termination is because they would not make this repair in a timely manner also because they were not communicating with us. Am I obligated to pay this whole amount?


Asked on 6/08/07, 12:28 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Early termination of lease/ due to damage

Assuming the landlord was responsible for the AC (which usually they are), you can terminate the lease at any time without penalty because the landlord breached the lease and this gives you the right to terminate. However, keep in mind that he can still claim that you owe the release fee and back rent and sue or report you to collections. Of course, you would have a solid defense that he didn't repair/replace the AC unit.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 6/11/07, 9:01 am


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