Legal Question in Landlord & Tenant Law in Georgia

Hello! I want to terminate my lease early.

My lease states that there is a penalty in the amount equal to one months rent, AND I cannot get the security deposit back (also equal to one months rent). So that is essentially a two months' rent penalty for breaking the lease. This penalty is in place even if the landlord is able to rent the property out during the time I would have been renting. This seems to be an unusually harsh penalty. I looked at Georgia code, and couldn't find any information about reasonable fees. Are these fees considered exorbitant? Are there any legal caps to fees for lease termination?


Asked on 5/19/15, 12:52 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

That amount is common and acceptable. Looking at the other way, would you want to be liable for the entire lease if the landlord could not rent all similar units? You and the landlord agreed in the lease to not risk it either way, and instead set a fix amount. As an aside, if it is an apartment complex the question is not whether the landlord could find someone for your particular unit. Those people would likely have rented in the same complex anyway and the landlord still has one less unit leased.

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Answered on 5/20/15, 5:34 am


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