Legal Question in Real Estate Law in Georgia
Can I break a lease if I don't live there?
How does this work:
I signed a 6 month lease in mid-July to begin tenancy in August. As of the last week of July, I had put a stop payment on the deposit and had informed my landlord that I would not be renting the apartment, for I decided to buy a house. The rental contract was not to begin until August 1st. I close on my house a week from today. I just received a court notice from my landlord, suing me for the deposit, the rent, and the attourney' fees. Is this allowed?
1 Answer from Attorneys
Re: Can I break a lease if I don't live there?
Of course it is allowed. Read the lease. Does the contract you signed say it is not valid if you later choose to not move in? If not, you are bound by the obligations when you signed the contract. The landlord agreed to hold a unit for you upon signing the lease. What if you showed up with your moving van and the landlord met you at the door and told you that he decided to lease to someone else? What if you showed up at the closing for your new house and they said they decided to sell to someone else since you had not moved in yet? Read and understand contracts before you sign them.
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