Legal Question in Real Estate Law in Georgia

rent to own

I recently signed a 2-year lease with an attached option to buy which I put $3000.00 down on, but my husbands job transfered him and we are moving. I have attempted to contact the owner through e-mail, regular mail and return reciept but she refuses to respond. also we recently discovered termite damage and she assured us there was none. Am I entitled to any of my money back? we are leaving in 1-week what do I do with the last months rent and keys? am I liable for the remaining lease obligation? there was no in inspection am I entitled to my full security deposit back? I have attempted to retain an attorney but I keep getting the brush off, is this not a viable legal issue?


Asked on 12/08/05, 2:13 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: rent to own

Your rights will be controlled by the agreement. You need to consult with a local attorney who can review it.

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Answered on 12/12/05, 4:50 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: rent to own

There is no way to provide you with a full response without the contracts, and perhaps further details. A few points for you to consider - Unless it is mentioned in the contract, a job transfer will not be relevant. The landlord/owner is not responsible for your husband's employment situation. With respect to the lease, you may be liable for a termination fee, if in the contract, or the actual damages of the landlord (such as rent for the time it takes to get a new tenant, and advertising). The termite issue can't really be answered on the facts provided. It depends on what exactly was said, what "damage" you found, whether termites are active, etc. Just because you found damages does not mean it is significant, or there are active termites, AND your contract may provide that no other promises (such as no termites) were made or relied upon by either party. Moreover, finding termite damage may not get you out of your lease, since the landlord could offer to exterminate. As far as the option, many options to buy are expressly "as is," meaning you either close or lose any money you put down, no matter what your reason for not closing. I assume you had the opportunity to have your own inspection. Again, what does the contract say?

You mention writing the landlord and getting no response. It is time for a phone call. No doubt you can pay a lawyer by the hour to look over all of this, but you are better served by first doing all you can to contact the landlord and work it out first. Legal fees could eat up all or most of what you save with just a few phone calls or letters, especially if it turns into a larger dispute.

The worst thing you can do is just leave without taking all steps possible to communicate with the landlord, including phone calls. You could theoretically be liable for any damage while the house is vacant, plus it just is not the proper way to handle an important issue. Good luck

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Answered on 12/08/05, 2:41 pm


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