Legal Question in Landlord & Tenant Law in Georgia
Lease Termination due to Burglary
I am a landlord with a signed 10 month lease. My tenant just moved out today after a burglary occurred at my rental unit on 1/10/06. The burglars gained access to the home by kicking in a back door that was in the bedroom occupied by the tenant. I had the entry way secured that night and the door and deadbolt locks replaced within 24 hours of the burglary. I am also installing an iron security door to further secure the entry.
The tenant left that night and never returned. He failed to give me 30 days notice saying that these were extenuating circumstances and he had every right to leave and break the lease. I tried to work out a compromise by agreeing to terminate the lease with 30 days notice and Feb rent. But he refused and said to take him to court if I felt that was what needed to be done. Does he have the right to break the lease for this reason? Am I not entitled to the remainder of the rent based on the lease he signed?
2 Answers from Attorneys
Re: Lease Termination due to Burglary
Generally, a landlord is not responsible for protecting a tenant from random criminal activity and a tenant is responsible for the lease if he/she decides to move. There may be exceptions, but that is the general rule.
Re: Lease Termination due to Burglary
Unless the lease places the responsibility on the landlord (which is very rare) or the landlord is somehow involved in the burglary, the landlord is not responsible and it does not give the tenant the right to break the lease. So, you should treat the tenant as if they still live on the property. If they don't pay rent up until they properly terminate the lease or until the lease expires, take them to magistrate (small claims) court.
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.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.MacGregorLyon.com
Related Questions & Answers
-
How can I be evicted? I am currently living in the house with the father of my 7 yr... Asked 12/08/05, 11:56 am in United States Georgia Landlord & Tenants
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
