Legal Question in Landlord & Tenant Law in Georgia

Penalties for Early lease termination

Terminating our lease contract on a home rental early due to a job transfer out of state(not military).(May 31st with Oct 31st term date) We have been told we must forefit the 1200 security deposit due to contract breech. We have offered to pay an extra months rent to give time to find a new tenant.(told if no tenant is found we are liable through Oct or when a tenant is found) We have also offered to replace the berber carpet, that (due to poor quality) our vaccum ate.

What if any recourse do we have to be able to not pay the remaining 4 months rent and get our security deposit back.

Is it even legal for us to pay rent on a property we do not reside in?


Asked on 3/29/04, 10:41 pm

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Penalties for Early lease termination

I'm sorry but a job transfer does not operate to terminate your lease unless you have such a provision in the lease. It sounds like your landlord's position is correct---you are liable for rent until the end of the term, or until he earlier rents it. So, unless you can get him to agree to some kind of modification, he can use your security deposit to apply towards rent. If the rent ends up more, he could even hold you for more. You really need to talk to your employer who transferred you and see if you can get them to take care of paying him off. After all, their decision to transfer you created this mess.

Read more
Answered on 3/30/04, 5:50 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Georgia