Legal Question in Landlord & Tenant Law in Georgia

I own a high rise condo in Dunwoody. My tenant recently moved out of the property without proper notice in advance at the end of November. Due to the HOA restrictions, lease contract clearly states that early termination of the contract is not permitted by the tenant. He had 2 months left on his contract, and I do have his security deposit of one month rent. What is my right as a landlord in Georgia and how should I pursue this matter? He stopped accepting my calls.

Thank you.


Asked on 12/12/09, 7:14 pm

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

Subject to mitigation of your damages by re-renting the condo, which you are required to attempt to do, you would have a claim for breach of contract in the amount of two months rent (and probably some additional costs). You may use the security deposit to help offset the damages, but you are still required to send notice to the former tenant within one month regarding how the deposit was spent.

If you would like to discuss any issues further, please feel free to contact my office. The link to 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 12/18/09, 4:55 am


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