Legal Question in Landlord & Tenant Law in Georgia

Sublet= forfeit security deposit?

Hello, I'm a student living in Georgia.

Last year, I signed up for a study

abroad program that spanned 8

months and required me to leave in

the middle of a lease. I sublet my

room to a perfectly reasonable fellow

student (my landlord was also a

student and also a roommate!) who

then shared the apartment with the

3 guys I had been living with. My

landlord says I'm ''lucky'' he let me

sublease, which I disagree with, as

he gave me quite a hard time of it

and there were no problems with the

sublessee. He can only refuse if

there is some issue with the choice

of future tenant, right? Now, he says

that since I sublet my apartment, he

is not required to give me my

security deposit back. Is this legal?

I'm too in the dark about real estate

law to really contest this without any

consultation...

Thanks!


Asked on 8/16/07, 9:12 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Sublet= forfeit security deposit?

You mention a lease, but say absolutely nothing about what it provides. That is the place to look.

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Answered on 8/16/07, 9:15 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Sublet= forfeit security deposit?

Mr. Riddle is succinct, but correct. Whether you are allowed to sub-lease and/or any penalty provisions should be in the lease. If the lease states nothing about you being able to sub-lease or not, you should not be penalized for it.

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.

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Answered on 8/17/07, 8:41 am


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