Legal Question in Real Estate Law in Georgia

Breaking a Lease

After signing a twelve month lease on a rental home, can you break out of it if you are moving to another state?


Asked on 11/15/05, 6:03 pm

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Breaking a Lease

Not unless there is an early termination clause in the lease, or the landlord breaches one of his/her legal duties, such as the duty to repair. As a practical matter, if you tell the landlord you are moving out of state, his/her only remedy will be to sue you in your new county of residence, after you move because that is when the breach (on your part) would occur. This is difficult, time-consuming and expensive for the landlord. Therefore, most landlords will grudgingly accept some type of compromise payment, e.g., one, two, three months rent or whatever can be agreed upon.

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Answered on 11/23/05, 4:13 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Breaking a Lease

No. Not unless there is such a provision in the lease which allows this, but that is very doubtful.

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.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.MacGregorLyon.com

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Answered on 11/15/05, 6:06 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Breaking a Lease

The terms of your lease will dictate when you can terminate early.

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Answered on 11/15/05, 6:07 pm


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