Q: Can my landlord make me pay after early termination request due to disability?
I had a 1-year lease with my previous landlord but moved out after 6 months due to my disabilities. I moved out on December 21st and sent a disability waiver to my landlord to terminate the lease early, but received no response. Upon moving out, my landlord demanded over $3,000 for the remaining 6 months. I have been unemployed since December 18th and was recently scammed out of $400. My landlord contacted me recently, asking for February's rent, which is $485, and informed me that he applied my deposit towards January's rent. The lease only mentioned early termination for military leave, not disabilities. Am I legally obligated to pay the rent?
A:
What you're going through sounds incredibly difficult, and it’s good that you tried to handle the lease situation by sending a disability waiver. In Georgia, leases typically don’t include an automatic right to break a lease due to disability unless it’s specifically stated. Since your lease only mentioned early termination for military leave, your landlord may still consider you responsible for the remaining rent unless the disability qualifies under broader protections.
You may have some legal protections under federal laws like the Fair Housing Act, which can sometimes require landlords to make reasonable accommodations, including early lease termination in certain disability-related situations. The key is proving that staying in the unit was no longer reasonable or safe due to your condition. The fact that your landlord didn’t respond to your waiver doesn’t automatically relieve your obligations, but it can be used to show you made a good faith effort to handle things properly.
You aren’t without options. Keep records of your disability documentation, communication attempts, and financial hardship. If the landlord pursues legal action for unpaid rent, you can present this information to explain your side. It may not erase the debt entirely, but it could impact the outcome or encourage a settlement. You’ve already taken some responsible steps—don’t give up advocating for yourself.
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