Legal Question in Landlord & Tenant Law in Georgia

Breaking Lease to Purchase a House

We have lived in the same apartment complex for 5 years and are finally buying a house. We are being charged for breaking the lease, we had no idea that we would find a house so quick. While living here we have had many maitenance problems to include a 3-4 foot hole in the kitchen wall that had been left that way for almost 3 months. In the apartment we're in now we have water damage and the smell and mildew have made me sick. Naturally they're repairing the outside walls of all the apartments now. We just want to get out of here and with the cost of moving, new deposits for new utilities the apartment's letter saying we owe this huge amount is unfair. Not to mention the drugs, shootings and break ins. It was nice 5 years ago but now they have a sign that says $99 moves you in and it seems like all the undesirables all live here now.

We've worked hard to clean up our credit and I don't want some petty lawsuit from them.

Thanks

-Carolee


Asked on 5/27/03, 7:37 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Breaking Lease to Purchase a House

The first issues is your legal contract -- the lease. I will assume that the termination fee you mention comes from the lease. Unfortunately, whether it is fair or not was an issue for the original negotiations and not after the parties have signed. Keep in mind that the landlord has no say in when you decide to purchase a house, so "fairness" to them includes the termination fee in the lease. That said, just as they are entitled to enforce the lease, so are you. Generally, you are entitled to a habitable apartment, free from health hazards. If they are timely fixing the current damage, they are meeting their obligations. If not, after notice to them, your remedy is probably to "repair and deduct," but not to move out. Generally, an apartment is not responsible for neighborhood conditions, such as crime, even if it happens in the complex, unless they are somehow negligent or undertake responsibility for security (again, check the lease). Past problems are also not a reason to terminate a least. It is always hard to answer a specific question without more details, but unfortunately it looks like you just want to move because you bought a house. If so, you need to look to the lease for the termination fee. Sorry this is probably not what you wanted to hear. Good luck in the move.

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Answered on 5/29/03, 6:52 am


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