Atlanta, GA asked in Landlord - Tenant for Georgia

Q: We notified tenant that 12 month lease would not be renewed at end of lease. Can tenant break lease 3 months early?

Lease ends march 30th 2017 and tenant is moving now with 3 months remaining on the lease. Tenant wants us to keep deposit and walk away. Can tenant be held financially liable for remaining months?

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1 Lawyer Answer
Paula J. Mcgill
Paula J. Mcgill
Answered
  • Landlord Tenant Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: If there isn't an early termination provision in the lease, the tenant cannot simply stop paying rent and leave.

You have to make it clear that you object to the move and intend to hold him to the full three months plus damages.

Also inform him that accepting the keys is for the sole purpose of protecting the house and does not mean the lease has terminated. Remind the tenant that the security deposit is for damages first. You don't know if there are damages to the house because furniture and other items are still in the house.

I hope you have the tenants social security number and date of birth to track him down to sue for rent and any damages less the security deposit.

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