Breakin lease in GA?

Question

I terminated my lease on a home I was renting by giving verbal notification over 60 days prior to my move out. I encouraged her at this point to start showing the home to find a new renter. My landlord never attempted to rent out the home and decided instead to sell it and had a for sale by owner sign in the front yard 2 weeks prior to me moving out. One month later she had it listed with a real estate agent. She is demanding me to honor the lease term even though she has made no attempt to rent it out. She also has kept my security deposit without any written explanation of any repairs necessary. Then to top it off she contacted my fiancee and told her about the entire situation which is confidential information and goes against the the Fair Debt Collection Practices Act.

How would you suggest I handle this situation?

Note there was no early termination clause in the lease and I live in Atlanta, Georgia.

Answer 1

You and your landlord have a legal binding contract for you to rent this property until the termination date stated in the lease. The landlord has every right to sell the property if she so chooses. Generally speaking, when a tenant attempts to terminate a lease before expiry, the landlord will attempt to procure a new acceptable tenant for the property. However, the tenant remains responsible for all costs which would have normally been tenant responsibility had tenant remained. Such costs include the rent value, and any utilities for which the tenant is responsible.

Additionally, because you are seeking early termination of the lease, the landlord may charge you the costs of procuring a new tenant, including advertising and fees to show the property to prospective tenants.

Security deposit handling is covered under Georgia Law, and it appears that your landlord is within her legal rights to retain your security deposit for unpaid rents and other charges, if there are any. Additionally, since your lease is still in effect, your landlord is under no obligation to return any security deposit due to you until the expiry of the lease.

If the landlord violation of confidentiality required under Fair Debt Collection Practices is important enough for you to spend money on, do contact an attorney relative to possibly filing a charge. Bear in mind that any enforcement of the act is the purview of the Federal Trade Commission. Sad to say, I think your complaint might go to the bottom of a very long list of issues FTC must handle.

Answer 2

If you continue to pay the monies, no effect on your credit report. You are not breaking the lease just not living there. You may be able to make a deal with landlord on the amount you pay as long as you move out and the landlord can find new tenants.