Legal Question in Landlord & Tenant Law in Georgia

My lease says that the landlord has the right to post 'for sale' or 'for rent' signs during the last 90 days of my lease. I have been in the house for 2 WEEKS and a for sale sign has been put in the front yard. Is this a "breach of contrat" and can I use this to get out my lease and have my security deposit returned?


Asked on 4/15/11, 7:24 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends on the terms of your lease. In all likelihood, the landlord's action is a default. However, it is common for the lease to allow the landlord a chance to cure his default upon notice from the tenant.

In other words, you likely cannot get out of the lease simply because the landlord posted the sign. Instead, you likely have to send the landlord written notice of the default and the landlord will have a chance to cure the default (in this case, by taking the sign down). If the landlord fails to cure the default within the period allowed by the lease, then you may have a case for getting out of your lease and having your security deposit returned.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 4/15/11, 8:08 am
Scott Riddle Law Office of Scott B. Riddle, LLC

The bigger issue is whether it is worth fighting over it. How does the sign affect you, or interfere with your use, right now? Have you even discussed the issue with the landlord? If so, that would have been relevant information to post. It is not correct to conclude there is a breach/default because the sign is up, based on the limited information you posted. Does the lease prohibit it? Does the lease prohibit a sale? What happens when you decide there is a breach and you decide to move. If the landlord disagrees, YOU get sued. Your "case" is a defense to a lawsuit filed against you, and the risk you lose. That lawsuit is public record for future potential landlords to see, and they don't spend time loking to see the facts or who won.

With this in mind, again, is it worth trying to start a legal battle?

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Answered on 4/15/11, 8:27 am


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