Legal Question in Real Estate Law in Georgia

My Deposit

I was going to relocate with my job from MD to GA. I signed a lease starting 8/17/07; however, my date to move was for 8/17/07. I sent $1900.00 for one security and rent. I sgned the lease on 8/8/07 and called them on 8/13/07 to advise then that the relocation was voided. The apartment was still on the market for advertisement and still is. I was requested my money back before the lease even started. They stated that I am still responsible for the 12 month lease and I cannot receive my money. I havent even moved to GA yet. In the lease the terms states it start on 8/17/07 and if breached the indemnification deposit shall be forfeited, which is $1000.00. Being is though I contacted them before them, can they keep the entire $1900.00 or even keep the $1,000 and still hold my liable for the 12 month lease.


Asked on 8/14/07, 6:58 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: My Deposit

Your post is far from clear, but the simple answer is that the terms of your lease control. A contract is generally valid the instant it is signed, and it should be read and understood before it is signed. Unless the lease stated it was not vallid unless you moved in, which would be a very unusual term, you are lilely bound. Otherwise, you could have shown up to move in and found they had leased to someone else, and signing the contract would have been meaningless.

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Answered on 8/14/07, 7:13 pm


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