Georgia Leases and Rental Agreements Laws. You may also break the lease if the landlord violates your privacy rights. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Georgia law also requires security deposits to be held in an escrow account, as opposed to being deposited into the landlord's own account. However, there are ways to minimize how much you’ll have to pay. Georgia Code protects service members by allowing them to terminate their lease agreement early if they receive active duty orders which require them to move 35 miles or more away from the rental property. Then, you’ll want to consider your existing relationship with your landlord. You … When Breaking a Lease Is Justified in Georgia There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. Here are a few ways you can legally justify terminating your lease: For victims of Domestic Violence: Many states have special statutes that protect domestic violence victims from having to pay penalties when they leave their abusers (who may or may not be paying rent or staying with them). After providing notice, you have a few different options to help minimize your costs, while ensuring that your landlord gets the rent they are rightfully owed: Breaking a lease is never something you plan on doing, and it almost always happens because of an unexpected change in circumstances. Eric Wirks started out in the moving industry over 16 years ago and after gaining in depth expertise in all industry related areas, went on to found Wirks Moving & Storage in 2009. But most of the time, you’ll have to deal with some level of financial loss as a result of leaving your apartment behind. Landlord-tenant laws in some states, for instance, allow a tenant to end a lease early because of health problems or in order to move to an assisted care facility for the elderly. Make sure you're on firm ground before you take that stand. 33), Deposit must be deposited in escrow account and held in trust for tenant; any damages subtracted must be itemized and deposit must be returned within 30 days of termination, No discrimination on basis of race, color, religion, sex, handicap, familial status, or national origin; allowable housing for "older people" included in statutes. Marietta:1470 Field Park Circle NWMarietta, GA 30066Phone: (404) 635-6683, Wirks Moving & Storage's response to the Coronavirus. Under renters rights, a tenant may break a Michigan lease if he or she is incapable of living independently. The best protection for tenants breaking their leases is to get something in writing and signed by the landlord agreeing upon a mutual termination of the lease that releases the tenant from any further financial obligation and guarantees a return of the deposit according to the terms set out in the lease. At the moment, Georgia does not have such a statute, but your local police officers and/or domestic violence nonprofit groups may be able to help settle issues around lease termination. In addition to agreeing on a rent price for the duration of your contract, a lease will also lay out specific responsibilities for each party. Specific Rules: A landlord must follow a specific process for terminating the lease of an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer. Landlord Tenant Rights. You are free to charge whatever amount you see reasonable for a security deposit. For instance, your landlord can still evict you for breaking other agreements in your lease. Lease terms typically run for about a year, and payment of rent after the expiration of a one-year lease implies a one-year renewal of the lease. Let’s back up for a moment because before you break a lease, you have to sign a lease! That means if the property sells while occupied, the tenant has the right to live there until the lease expires. Firefox, or Visit our professional site », Created by FindLaw's team of legal writers and editors Breaking your apartment lease to take a job is not a valid legal reason for terminating a lease early. You can always keep in mind that renters have rights as well! State Bar of Georgia (404-527-8700 or 800-334-6865) can give you information on locating an attorney or your local Georgia Legal Services Program office. Here is what you need to know. Copyright © 2020, Thomson Reuters. Any damages will be subtracted from the deposit, with the balance to be paid within 30 days of the lease termination. Renters may cancel a lease early if their landlords violate certain terms of the lease. Any damages will be subtracted from the deposit, with the balance to be paid within 30 days of the lease termination. Tenants have the right to pursue housing without discrimination and the right to a habitable dwelling, among other rights. Civil Code 1942 is your ticket. If you’re leaving for a different reason, you’ll always want to check to see if there’s an early termination clause in the lease agreement. Google Chrome, Read your lease agreement carefully! | Last updated June 20, 2016. We recommend giving written notice for two reasons. Terminating a Lease Under most normal circumstances, a landlord is allowed to break a lease with adequate prior notice. 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