Legal Question in Landlord & Tenant Law in Georgia

I am a landlord in Georgia. My tenant was renting out one side of my duplex. There was some dispute with the neighbor across the street (we are not their landlords) and she stated that the neighbor pulled a gun on her. She called police and a police report was given to her. She wanted to terminate her lease because she felt it was no longer safe for she and her children. Per the leasing agreement, a 30-day notice is due for early termination of lease in addition to the tenant being held liable for the balance of the rent for the remainder of the lease term. The tenant has four months left on the lease. After speaking with the tenant, I offered three possible solutions: { (1) Finishing out the remainder of the lease term; and, making sure she filed a restraining order against neighbor, (2) Giving 30-day notice. She would stay for the month of February and pay $2100 which is balance of lease term, and (3) Same option as one in addition to us actively advertising the unit in order to secure another tenant. If new tenant is secured before lease is up, current tenant will be able to terminate lease with no penalty.} Tenant wanted to sleep on it and get back with me the next day. After thinking things over, the tenant informed me that she would be out of the unit by the next day and securing an attorney. She is suppose to forward me an address and police report number. What options do I have legally. The tenant basically did not provide the 30-day notice and is choosing to vacate the unit.


Asked on 2/01/13, 1:06 pm

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

Unless you had some part in the crime or the lease specifically protects the tenant against such crime (which would be extremely unusual), the tenant�s situation would not be a legal basis for early termination of the lease without paying the early termination fee. As such, if she leaves early, you would have a breach of contract claim against her for the early termination fee and the month's rent (plus any damages to the property).

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Answered on 2/01/13, 1:30 pm


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