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?
3 Answers from Attorneys
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.
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
www.MacGregorLyon.com
Re: Breaking a Lease
The terms of your lease will dictate when you can terminate early.