Contract Question, Anyone know what the GA law is to get out of a lease renewal? (sublease, apartment complex) - Atlanta - Georgia - City-Data Forum

integra4 · 03-25-2008, 03:57 PM

A good friend of mine signed a renewal of their lease for an apartment. They now have had second thoughts and want to get out of it. Does anyone know how many days you have by GA law to get out the contact?

I was thinking it was either 3 or 7 days from after you sign the contact. Any help would be greatly appreciated.

Thanks, Justin

plessthanpointohfive · 03-25-2008, 07:01 PM

It would probably depend on the what the contract says. Georgia is landlord friendly, not tenant friendly, so I would hazard a guess that your friend is SOL unless the landlord has a kind heart. Otherwise he/she will probably need to read the contract to see what they have to do to early termination, usually pay a couple months rent and forfeit their deposit.

atlantagreg30127 · 03-25-2008, 09:38 PM

I agree. I do believe there are no set time frames for leasing as far as getting out. It all depends on what's spelled out in the fine print of the contract. If they say "no backing out" then 1 second after it's signed, you're stuck.

Now, if they feel the landlord or management company lied to them about something that could be a different story, or if there is a health hazard that's not being addressed. Such as, if there is mold or a rodent problem that they're not handling correctly, or if they promised you a certain type of unit but gave you something that's entirely different, etc... then you might want to talk to a lawyer and there might be something they can do.

Otherwise, most likely they'll just charge a fee to cancel a lease. Some places charge the full amount until the lease is over, and others charge a penalty and that's it - varies.

Go Blue 99 · 03-26-2008, 07:07 AM

Quote:

Originally Posted by atlantagreg30127

Otherwise, most likely they'll just charge a fee to cancel a lease. Some places charge the full amount until the lease is over, and others charge a penalty and that's it - varies.

Wow- that would be a nightmare to have the balance of the entire lease period charged! The places I've lived have had a 1.5x-2x month penalty, which actually isn't so bad.

plessthanpointohfive · 03-26-2008, 07:26 AM

It depends. Usually big apartment complexes have a clause of 1 to 2 months rent and perhaps the loss of deposit. But, small time landlords, such as myself, who only have a few properties, could write it into their contracts that you have to honor the lease no matter what - so you can move but you still have to pay. Basically, a contract can say anything and if you agree to it...

Now, personally, if my tenant came to me and told me that she needed to move I'd probably jsut ask her to give me 60 days to find a new tenant and let her off. Even if she couldn't give that much notice I probably would let her off. But that's because the only reason I am renting out half my house is because I want the extra money for renovations. If I have to pay the whole mortgage the my rate of renovations would be slower. So, I can absorb the "loss" of rent for a while. AND, it wouldn't take hardly any time to re-rent it because it's a sweet deal in a really desirable location.

But, sounds like the OP's friend is renting at an apartment complex and most likely has the 1 - 2 month fee clause...

juice1 · 01-26-2009, 04:02 AM

i just brought a house. 1 month ago. i told the lease office. and i just my re-new my lease 3 month ago. i filled out the paper work say i will leave to townhome at the end of the month. now they are trying to evited me and i just forfeit my last month rent and seru- deposit. can they do that?

BobKovacs · 01-26-2009, 04:38 AM

Quote:

Originally Posted by juice1

i just brought a house. 1 month ago. i told the lease office. and i just my re-new my lease 3 month ago. i filled out the paper work say i will leave to townhome at the end of the month. now they are trying to evited me and i just forfeit my last month rent and seru- deposit. can they do that?

You're getting off easy- they could make you pay the entire balance of the lease.

Buckhead Betty1 · 01-26-2009, 01:40 PM

It depends on what is stated in the lease. Most of the time a 60 written notice is required and you would be responsible to pay a early lease termination fee. But again it depends on what is written in the lease. Are they renting from a private owner or a apartment complex? If it is an apartment complex they can always call them to ask what would be required.

mightyclean · 02-14-2009, 10:33 PM

the best thing to do is to talk to the landlord , work something out , if its a small landlord you can usually work it out where you can sublease it or have the place shown and you stay until someone else leases it .

billl · 02-15-2009, 07:14 AM

Quote:

Originally Posted by integra4

A good friend of mine signed a renewal of their lease for an apartment. They now have had second thoughts and want to get out of it. Does anyone know how many days you have by GA law to get out the contact?

I was thinking it was either 3 or 7 days from after you sign the contact. Any help would be greatly appreciated.

You are probably thinking of the 3 day cooling off period stipulated by Georgia contract law. However that law does not apply in all circumstances. I suspect that it does not apply in your friend's situation. Your friend should read the contract closely to see if there is a 3-day cancellation clause. The contract may have included one even if the law does not apply. Otherwise he or she is bound by the regular terms of cancellation in the contract.

More information on the 3-day cancellation law:

georgia.gov - Canceling a Contract (http://consumer.georgia.gov/00/article/0,2086,5426814_39039081_39477231,00.html - broken link)