Legal Question in Real Estate Law in Georgia
I am currently going through a divorce. My husband and I were renting a property with a lease ending on 8/31/10. I moved out on 6/30/10 and have not been back to the rental property since. My husband agreed he would reside there until the lease ended. The real estate agent handling the porperty called me and advised he had not paid July or August rent and she will be submitting the evicition proceedings tomorrow with my name on it. I contacted her in May and advised I would be moving out, letting her know my situation. She said that I could submit a signed statement requesting to be removed from the lease agreement but my husband would have to come in and sign a new agreement which he refused to do. Is there anything I can do? This will ruin my good credit and rental history.
1 Answer from Attorneys
You can't unilaterally breal a lease contract. You owe for those months and may want to pay to protect your credit if he does not. Even if your husband had joined the request, the landlord does not have to honor it.
You should of course discuss this with your divorce attorney as you may want to seek monies from him based upon these facts.
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