Legal Question in Landlord & Tenant Law in Georgia

We are leasing a house. We have a lease that commenced on Monday, November 15, 2011 and ends on November 30, 2012. Our deposit is $10,00.00

They listed the property for sale September 16, 2011 for $500,000.00. We were not informed that they were selling the property. What type of recourse do we have. They owe $678,000.00 on the property. Can we stop paying rent?

How can we be assured that we will get our deposit back?


Asked on 9/21/11, 7:51 am

3 Answers from Attorneys

SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

An accurate answer to your question is outside the scope of this forum. Your options will emerge after you employ an attorney to examine all relevant documents. Good Luck!

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Answered on 9/21/11, 8:07 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Recourse for what? We don't have your lease, but does it provide that the landlord is prohibited from marketing the property without your knowledge or consent? That would not be a normal provision. As far as paying rent, on what basis would you stop paying rent? What is the landlord supposed to be doing in the lease that he is not doing? Not paying rent would certainly mean you would be breaching the lease. The bottom line is that while you are justified in being diligent, you posted nothing to indicate the landlord is doing anything improper or in breach of your lease (which we obviously do not have). You can certainly hire a lawyer to read your lease and many will be glad to do it, but you can do it yourself. As far as the deposit, that depends on the lease, whether it was held in a separate account and the general financial condition of the landlord. That was the risk accepted when it was given and the lease signed. From your post, you likely don't have a right to get it back at this point and not paying rent would guarantee you would not get it back.

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Answered on 9/21/11, 8:19 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

The lease, including your rights and obligations, would continue with the owner of the property as landlord.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 9/21/11, 1:51 pm


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