Tampa, FL asked in Real Estate Law for Georgia

Q: Is a lease agreement considered terminated if a new tenant moved in and begins paying rent?

A landlord gave me written permission to leave my lease early. After I told her the date that I wanted to leave she said I would only have to pay rent if a new tenant did not move in. The landlord successfully found a new person to move in and they did so two days after I moved out. The landlord withheld my deposit for more than 30 days trying to get me to pay rent for the remainder of the month despite me seeing someone move in the apartment days after I moved out. Was my lease technically terminated when the new person moved in and began paying rent?

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1 Lawyer Answer
Michael D. Birchmore
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: The answer should be contained in the language of the lease itself. Look to the lease. It will be interpreted literally.

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