Legal Question in Landlord & Tenant Law in Georgia

My husband and I entered a year-long lease in Atlanta GA in April. In October, we found out his job was transferring him out of state. Although our lease has no termination provision in it, we've been on good terms with our landlord and we contacted her with 30 days advance notice to figure something out. Our landlord stated she would keep our entire security deposit ($1350) and require December and January rent if she could not find another tenant. The landlord also decided to list the house for rent and for sale at the same time; we also posted for rent and have sent her 8 different candidates. Now the house is under contract for sale but does not have a closing date due to negotiations regarding the inspection. Are we still responsible for the rent for December even with the house under contract? Since it is technically promised to another person but not yet inhabited, we can only add to a waitlist of renters until the sales contract is sorted out. I know GA does not require a landlord to mitigate damages, but at what point is she considered to have taken possession of the property back?

Asked on 11/26/12, 12:38 pm

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

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When title is transferred to the new owner. Purchase contracts often do not result in an ownership change in the property.

Answered on 11/26/12, 12:42 pm

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