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?
2 Answers from Attorneys
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.
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.
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