Legal Question in Landlord & Tenant Law in Georgia

Hello, my name is Casey. I am currently trying to move out of a house I started to lease in September 2010. I have found out recently that my boyfriend will be moving to my place of residency with his two dogs, but my landlord will not allow this addition which is forcing me to move out 8 months early. In my lease it says: No tenants will be moving out prior to the end of the lease in September 2011. It does not say what will occur or what will be a penalty however he is telling me that I will be required to pay the remainder of my lease which will be about $3,500. I was wondering if there was anything I could do to argue this. I assumed there was going to be a penalty and I would lose my deposit, but continuing the rent payments while not living there is much more than I had inteded to pay. Thanks for your time.

-Casey


Asked on 1/20/11, 9:32 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It depends. The landlord would have the right to recover any amount of unpaid for the term of the lease. However, he has a duty to mitigate his damages and try and rent the house to someone else during that period, which would offset the amount of his claim against you.

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 1/25/11, 11:44 am


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