Legal Question in Real Estate Law in Georgia

I live in Cherokee county GA. Recently my tenant and I have decided to mutually terminate the lease agreement and apply the security deposit toward the July rent. But there are list of items she is entitled follow up in order to complete the mutual termination agreement. One of them is the partial payment of $350 for the month of July that she had paid however, the check bounced again. I have had history of bounced checks. She had offered me a partial payment of $100 but I refused and stated I will accept the entire payment of $350 including over draft fee. If she does not pay up, would our lease termination agreement void itself meaning she will be basically breaking the lease? And she is now planning to move out by end of July, I am noticing several damaged items that I will have to cover the cost to repair with my own expense. The entire carpet will need to be replaced. Can I go after her to cover the expense that I would have to spend to repair? Is there a time frame that I need to file a suit?


Asked on 7/26/11, 12:03 pm

2 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It depends on the terms of the termination agreement. Depending on the language, it could either void the termination agreement or simply be a breach for which you have to seek damages. The same applies to the damages to the property; are they covered by the termination agreement? The time frame would be at least four years. However, it is best not to wait to pursue something like this.

If you would like to discuss any issues further, please feel free to contact my office. The link to 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.

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Answered on 7/26/11, 12:16 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It depends on the language of the termination agreement, which you should have had a lawyer draft. Depending on the wording you may (or may not) have waived your rights to sue on the original contract/lease, and you may or may not have a right to sue under the new agreement. NEVER draw up an "agreement" (in other words a contract) without a lawyer.

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Answered on 7/26/11, 1:29 pm


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