Legal Question in Landlord & Tenant Law in Georgia

**Urgent - my lease expires in a week**

I have sub-leased my apartment and now the sub-lessor refuses to leave. He has not paid me rent but I have paid my due to the leasing office. Also he has changed the locks to my apartment and I do not have access to it. What are my right and options?

My leasing office does not know about my sublease and my lease does not allow sublease and changing locks.


Asked on 2/20/10, 1:58 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

It is less a question about your "rights and options," and more about your liabilities. Your landlord will likely hold you responsible for rent until your tenant moves out, any expenses incurred in eviction (legal fees, filing fees, etc.), damages to the unit, and perhaps other charges. The eviction process often takes 3 months or longer. All of these charges flow directly from your breach of your contract. You might try to collect from your tenant in a small claims action, but some judges may not like that because you breached your lease and accepted this risk. Unless you can get possession before the lease is up, your best option is to come clean with the landlord so they can start the process of eviction. The sooner the tenant is out, the sooner you quit paying.

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Answered on 2/25/10, 2:37 pm


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