Legal Question in Real Estate Law in Georgia

Early lease termination

my lease ended 12/31/02. i am in the process of buying a new home. my landlord sent renewal notice. i asked if i could do month to month due to purchasing a home in a few months. did not agree. finally, she writes up six mont lease which goes from 1/1/02 to 7/1/02, which really is 7 months, but says that i would just have to give 30 days notice when i founfd a home. i gave notice and now she is threatning to sueand withold my $750 deposit. what can i do?


Asked on 3/07/02, 7:02 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Early lease termination

Your facts don't reveal some of the important issues to answer the question. You wrote: "she writes up six mont lease which goes from 1/1/02 to 7/1/02, which really is 7 months, but says that i would just have to give 30 days notice when i founfd a home." Was the "if I find a home" clause part of the WRITTEN contract or was it just chitchat between you and the Landlord (LL)? If it is written you win, she loses on the issue. If it is oral, you lose mostly because you cannot prove it. [You could win, but it is a long evidence discussion that goes beyond this answer.]

As to the withholding of the Security Deposit (SD) always view the SD independent of the duties of rent. SD is not rent and should not be held as unpaid rent (well), but as a deposit for possible damage. Look, if you followed the terms of your shortterm lease to the letter and you did not damage the property, beat her to the punch and SUE HER first in magistrate court for your money. BTW if she is an INC. or LLC, she has to hire a lawyer and you do not. Hugh Wood

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Answered on 3/08/02, 8:30 am


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