Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Although I was trying not to be adversarial I have been rather disappointed in several things since moving in and had seriously considered looking at another apartment/management company before the engagement. I’m not sure if this would give me any legal justification to break a lease as a back up option, but the gas was cut off to the building due to non payment from the owner so we had no hot water for 24 hours, a week later a fuse went out in the building and we had no heat/power for 24 hours during a night it got to 25 degrees. Speaking with another tenant here and she said that has happened before often and seems like the fuse should have been replaced before. The management company didn’t seem very concerned.
Do I have a leg to stand on if the landlord just won’t respond? I thought about possibly sending a certified letter in a week or so stating I was moving out but that seems aggressive and a phone call won’t give me anything in writing. I want to move on with my life and start the next chapter and I hoped by giving a lot of notice I might be able to avoid some headache and mitigate my losses as well as the landlords but I’m just being ignored. I’d really like to move out next month but moved it to February for the sake of trying to give a lot of notice. All of our previous communications regarding the apartment have been through email as well.
2) Your desire to move on does not match with (what appears to be) your landlords desire for you to remain throughout the lease period.
3) Georgia laws support your landlord's desires.
4) As a landlord, I would never want a new tenant starting a lease in winter, as it is a very difficult time to find new tenants when the lease is up. I'm going to guess your landlord might feel the same.
Do I have a leg to stand on if the landlord just won’t respond?
No.
Breaking a lease is breaching a contract. You don't do it without potential financial consequences. Giving notice that you are breaching the contract doesn't make it any less of a breach nor does it reduce the potential consequences.
The landlord has absolutely no legal obligation to respond to your notice or your request or your offer to help find another tenant.
And, guess what, as long as you continue to pay rent you are not in breach and he won't lift a finger.
Unfortunately, under Georgia law, even when you move out and stop paying rent, he may continue to hold you responsible for the remaining months of the lease unless he accepts the surrender of the unit and agrees to termination of the lease.
The Georgia Court of Appeals explains it:
Quote:
In Georgia, if a tenant abandons leased premises without authorization prior to the expiration of the term, the landlord is not required to mitigate damages by reletting the premises. Rather, he may allow the premises to remain vacant and hold the tenant responsible for accruing rent.
Given that you'll be no better off in February than you are now I suggest you call the owner and say something like:
"I want to move out by the end of the month. How much money do you want me to pay you to release me (in writing) from any further obligations of my lease."
Or, as an alternative:
"I'll pay you $_______ right now if you give me a written release of any further obligations of my lease."
Either way, and no matter what happens, moving out early is going to cost you. A cash settlement and written release will, at least, keep you from getting sued and your credit trashed.
Thank you. I will give it some more time and see if I can get a response, frankly it seems very unprofessional to just not respond. Even a “No” is something. I wish the tenant laws were a little more friendly here, most states require a landlord to try and relet the apartment to mitigate damages. Hopefully this will be the last apartment I rent here. I’ve never broken a lease, although I know it would cost me something, I didn’t realize a landlord could just not respond at all.
The building is constantly being shown and apartments rent quickly so I doubt my moving out in February has much to do with it, they even increased the rent by $50 judging by a listing I saw today for a unit that just got rented out last week. If timing was an issue, I would accept moving out a bit later but with zero response I don’t have much to go by.
If I don’t hear anything in a week then I may just offer some type of buy out and move out next month if I don’t hear anything which I hate to do. If I were a landlord, I’d rather get a paying tenant in then risk going after suing someone and leaving an apartment vacant for 7 months, I was trying to do what I felt was the right thing.
It doesn’t sound like this LL is on the up and up if gas is being cut for non payment among other things, so I highly doubt he’s going to lift a finger to help you out.
Your best bet is to offer $.... maybe a few months rent? To get him to let you out of the lease. In his mind, he may be able to re rent it fast, and have some extra cash in his pocket.
It’s better to be out a few more months of rent than the remaining 8 month term.
Thank you. I do know with Georgia law as soon as he rents it to another tenant then I am off the hook for the remaining rent, the question is whether he will do that. I am only moving a mile away and know some of the other residents, so if I do end up getting no reply and just moving out I will be able to find out if it is rented out. I know Georgia law doesn’t favor me, I was hoping I could avoid some of this by trying to get a new tenant in and giving a lot of notice.
I offered to find a qualified sublet as well, the lease says it is allowed with lessor approval. I’d be willing to take on the potential risk, but again I’ve gotten no response.
If I don’t hear anything in a week then I may just offer some type of buy out and move out next month if I don’t hear anything which I hate to do. If I were a landlord, I’d rather get a paying tenant in then risk going after suing someone and leaving an apartment vacant for 7 months, I was trying to do what I felt was the right thing.
What I'm reading here is that you are now thinking about simply moving out if you don't hear anything and not paying what you owe contractually.
In your original post you mentioned wanting to save money for a house and wedding. Making the decision to stop paying the rent if you don't hear from him can hurt your credit for that eventual house you want to buy.
Although I was trying not to be adversarial I have been rather disappointed in several things since moving in and had seriously considered looking at another apartment/management company before the engagement. I’m not sure if this would give me any legal justification to break a lease as a back up option, but the gas was cut off to the building due to non payment from the owner so we had no hot water for 24 hours, a week later a fuse went out in the building and we had no heat/power for 24 hours during a night it got to 25 degrees. Speaking with another tenant here and she said that has happened before often and seems like the fuse should have been replaced before. The management company didn’t seem very concerned.
Do I have a leg to stand on if the landlord just won’t respond? I thought about possibly sending a certified letter in a week or so stating I was moving out but that seems aggressive and a phone call won’t give me anything in writing. I want to move on with my life and start the next chapter and I hoped by giving a lot of notice I might be able to avoid some headache and mitigate my losses as well as the landlords but I’m just being ignored. I’d really like to move out next month but moved it to February for the sake of trying to give a lot of notice. All of our previous communications regarding the apartment have been through email as well.
Frustrated
The things that have gone wrong, unfortunately, don't rise to the level needed to allow you to break the lease based on problems, because they were fixed so quickly. This is another resource that explains your rights, etc., written in an easy to understand manner:
If you can get them to agree to letting you break the lease, it would be best to get that in writing. So, emails back and forth would be helpful to use, in case you end up having to go to court.
Thank you. To answer the first post, no I don’t want to up and leave at all, but when I’m giving almost two months notice without any sort of response, I can’t put my life on hold over an apartment lease. Life happens and a lot can happen in a year, I think it’s unrealistic for any landlord to glue someone to a lease without doing anything to lease the property or even respond. There is nothing in the lease about an early termination clause so that is another reason I reached out to see what my options are.
I will continue to try and work something out, this is a very desirable city neighborhood with a strong market and there certainly won’t be an issue in getting another tenant quickly but I am very frustrated over just being ignored for almost a week now. Just because he may have a legal right to not respond doesn’t mean it’s professional and gives me nothing to work with.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.