Georgia  |  Landlord & Tenant Law

Legal Question

Asked on: 6/25/13, 8:27 am

So I am a landlord and my tenant was not paying has skipped so I could not get the eviction to him. Now I have located him and I am planning to send a civil law suit to him. My question is I am going to suite him for the past payments he missed and would have been evicted for but I also want to include the payments that he would have made per the legal contract between him and I. Just up to the point to were I got a new resisdent into the property. I have heard this is ok to do. I would like to know from someone for sure before I going filing the suite.Can you sue a previous tentant for payment they would have mand if they were still in the rental property up to the point to when a new tenant occupied the residence?

1 Answer

Answered on: 6/25/13, 8:45 am by Glenn M. Lyon, Esq.

Yes, basically. You may sue for any damages caused by the tenant's breach of the lease (typically unpaid rent and property damage). However, you have to take reasonable steps to mitigate your damages, which usually means finding a new tenant. So, you cannot collect for rent twice, only the time the property was vacant.

Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.

MacGREGOR LYON, LLC, Business Attorneys 1230 Peachtree Street, NE, Suite 3750 Atlanta, GA 30309

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

70 Answers given in the last few hours.

86611 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search