Legal Question in Real Estate Law in Georgia

Lease agreement

My complex has lost my lease and I'm wanting to terminate before March 2007 when it expires. They are telling me it would cost me $600.00 more to cancel early than paying it out to March and leaving the apartment vacant. I'm buying a house and thought there was a clause that allows for early termination when buy a home. My question is can they hold me to this lease when they have admitted they have lost the signed agreement? Can I give 30 or 60 day notice and leave without penalties?

Thanks,


Asked on 12/03/06, 10:13 am

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Lease agreement

You are bound by your agreement - the lease. That they don't have a copy does not mean it is void. Do you have a copy? You didn't mention whether or not you do, or what the lease actually states. Does it have a provision about buying a house? Presumably, you would remember negotiating such a provision since it would rarely be a boilerplate term (the apartment would not care about or take responsibility for your home decision?). If YOU have a copy, or you and the apartment complex know what the lease actually provided for early termination, that is what you do because that is the actual agreement. Chances are pretty good they know the terms of their standard lease form, even if it is not the signed one. If you can't agree on that, you need to reach some written agreement with them on a resolution before you leave. Perhaps you can meet in the middle, if neither side has the lease. If you just leave w/out a firm written agreement, most larger apartment complexes report to credit bureaus, and the lease may very well turn up later in their files.

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Answered on 12/03/06, 10:28 am


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