Legal Question in Real Estate Law in Georgia

If I have a signed lease and a security deposit, can the tenants break the lease even though they haven't moved in? Am I entitled to all of the years' worth of rent plus security deposit?


Asked on 2/18/10, 8:43 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

That depends how good a job your lawyer did drawing the lease and what it says. Since we haven't read it, and you also haven't said why they broken the lease, there is no way to answer yes or no.

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Answered on 2/23/10, 8:51 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It depends. Generally, you would be entitled to the lost profits of the lease, which include the entire lease term. However, you have a duty to take reasonable steps to try and mitigate your damages by re-renting the property and offsetting the amounts received. You can apply the security deposit to your damages, but you wouldn't simply get the security deposit unless the lease states so.

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 2/23/10, 9:09 am


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