Voiding a renewal of renting lease (apartments, tenant, evicted, deposit)

[yvesohrc]

Trying to help a young family member who currently is renting in the State of Georgia
His current tenancy ends 7/31/2020
He signed a lease renewal on 5/22/2020
The new lease starts 8/1/2020 and ends 8/31/2021
A job loss means he can’t afford to continue to stay
He will be moving in with a family member in a different city in Georgia
His lease states the tenant must give 2 months’ notice to vacate
He signed the notice to vacate at the leasing office on 6/10/2020
He even gave them his forwarding address
Lease states early termination fee/liquidated damages is equal to 2 months’ rent
Two-month notice runs over into to new lease by only 10 days
Date to vacate 8/10/2020 (pro rata)
He will continue to pay rent and utilities up until he vacates
He accepts he may end up losing his deposit which is less than I month rent but cannot afford to pay early termination fee
With his permission I intervened and contacted one of the office managers, but she just repeated “it’s the rules” and “we don’t negotiate otherwise we would have to do it for everyone” then kept me on hold for over 20mins whilst she checked something …then hung up
They also informed that the notice to terminate early for new tenants is now 3 months so he should count himself lucky
However, when he was looking to rent, they said the rent they would charge is reduced reduced rent because of the company he worked for at the time
How can we get them to void the renewed agreement and not pursue him for the termination fee for a term that hasn’t started?
They said they would send his account to collections if he does not pay and of course he does not want to have his credit damaged
Thanks in advance

[prospectheightsresident]

Your relative needs to talk to a housing attorney or to the State's housing office if there is one.

[RamenAddict]

Agreed that he needs to talk to a housing attorney, look at the state housing website, etc. They should have some resources and helplines.

Technically he is still in his old lease, so those terms still apply. Companies are being sneaky now with leases ending/renewed. Mine tried to sneak a COVID-19 disinfection fee on me even though I have not gotten sick and nowhere does my lease specify that professional disinfection is required on move out.

[LLinVA]

It looks like he's on the hook. He signed the renewal and everything in it. Two months' notice is two months' notice whether the actual term has started yet or not. If possible, I would move out even faster to give the landlord time to rent it at which point they may be more flexible. As a landlord, I'd rather rent a unit now, it will move faster than it will in September.

That said, that doesn't necessarily mean they will go to court over this issue, send it to collections, etc. It just means they could and may/would probably win if they decide to. Even then, it doesn't mean they will get the money if he doesn't have it (which makes it more likely that they won't pursue it). Be cooperative, speak to a manager if possible, let them know he is moving out early if you go that route, etc. Be cooperative and transparent, it will go a long way (usually).

[adjusterjack]

Originally Posted by yvesohrc

However, when he was looking to rent, they said the rent they would charge is reduced reduced rent because of the company he worked for at the time

Irrelevant.

Originally Posted by yvesohrc

How can we get them to void the renewed agreement and not pursue him for the termination fee for a term that hasn’t started?

You can't. Especially if he is still in residence until 8/10 if the new lease starts 8/1.


He needs to be out before the end of July and the best he can hope for is that they figure his deposit is enough to cover the time it takes to get a new tenant.


As a matter of fact, Georgia limits a landlords recovery to that amount of time.


Sirdah v. N. Springs Associates, LLLP, 696 S.E.2d 391, 394 (Ga. App. Ct. 2010) (landlord
is required to make reasonable efforts to re-lease the premises and mitigate damages if the landlord accepts the tenant's surrender or the tenant successfully terminates the lease)


Landlords don't make any money on vacant apartments so it's likely that the apartment could be re-rented quickly and they will leave him alone.

Originally Posted by yvesohrc

They said they would send his account to collections if he does not pay and of course he does not want to have his credit damaged

If he pays July rent and leaves by the end of the month, paying nothing more, and his deposit covers the period between surrender and re-rent then he legally owes nothing and the landlord can be sued for violation of the Fair Dept Collection Practices Act.

[Steve19605]

Originally Posted by adjusterjack

If he pays July rent and leaves by the end of the month, paying nothing more, and his deposit covers the period between surrender and re-rent then he legally owes nothing and the landlord can be sued for violation of the Fair Dept Collection Practices Act.

Disagree with this.
It would only make sense if the LL was asking for actual damages. Or asking for rent for the rest of the lease. And courts will not allow you to collect double rent.

In this case it is clearly called a extra fee or liquidated damages. Not rent

Tenant would argue this was to replace any lost rent. LL will argue it is not. Just the fee they charge administration, paperwork, etc.. to terminate a lessee early.

Yes, sounds like a ridicules cost but both parties agreed to the price in writing. Just because the amount was arrived at based on a amount equal to two months rent. It does not make it rent.

But the law is what the judge says it is. And some are different. A tenant friendly Judge may not allow the fee. Considering current conditions. And I would say still worth the tenants time in court to find out.

LL should consider that the Tenant is being upfront about a Job loss and trying to do the right thing.

Some lower class would just quit paying rent period and wait to be evicted.
And if no job then nothing to garnish.