Legal Question in Real Estate Law in Georgia

breaking a lease

I am getting ready to file for divorce and cannot make my rent payments on my own. I will have to break my lease. However, a 60 day notice plus one month's rent (which will be a total of three months' rent) is required to break the lease. I do not have the money. What can I do?


Asked on 7/03/02, 9:22 am

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: breaking a lease

Well, a lease in Georgia a contract between the Landlord (LL) and the Tenant (T). Contracts are generally not considered to be affected by outside events -- divorce, lack of money, etc. It may sound harsh, but what you really have here is that you are going to breach the contract for a non legal excuse. The law would not consider your reason to be a valid defense and would grant the LL a judgment for breach and back rent if he or she so requested.

Many LLs will not pursue Ts in situations such as yours. What you do is highly dependent on your circumstances and any advice concerning timing by me is without benefit of your other deadlines. However, if you can move out quickly, I would discuss the situation with the LL, pay through how many days you need to leave and move out. If you do that, is it quite unlikely that the LL would pursue you. In fact, if they agree, you would have the legal defense of accord and satisfaction. Good Luck Hugh Wood

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Answered on 7/03/02, 9:48 am


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