Tenants' Rights to Break a Lease in Georgia
A lease is a written, legal agreement between a tenant and a property owner. The lease should clearly state the duties and obligations both parties have, including the conditions under which the lease may be deemed null and void. As a rule, losing a roommate, becoming unemployed or accepting a job in another city are not grounds for a tenant to terminate a lease. Although a tenant may request to be let out of a lease, the landlord does not have to allow early termination under Georgia law except in a few, limited circumstances.
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Early Termination Allowed by Lease
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A lease may contain one or more clauses defining the circumstances under which a tenant may terminate her lease early. The clause may require that the tenant pay a termination fee in addition to rent for a specific period. For example, a lease may require payment of one month's rent and a $300 termination fee, two months' rent, or a termination fee of $1,000. The fee is intended to offset the damages the landlord may incur due to the unexpected vacancy, but should not be high enough that courts might consider them punitive rather than damages. Georgia statutes do not require leases to include an early termination clause, so the tenant may be held legally responsible for all rent remaining on a terminated lease.
Members of the Armed Forces
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Georgia law allows members of the military to terminate a lease if they receive a permanent duty change or a temporary duty assignment of three months or more. The maximum a landlord may charge for rent on a lease broken under these conditions is the equivalent of one month's normal rent. The lease does not need to include a "military clause" to permit the termination. Although military personnel also receive protection under federal law, Georgia's statutes are more beneficial to the tenant and therefore are the ones that must be followed.
The tenant must give the landlord a 30-day notice and copies of his orders or a written statement from his commanding officer. A service member may also terminate a lease if he is released from active duty and his pre-service home is more than 35 miles away, if he is ordered to move on-base, or if he becomes eligible for on-post housing and failing to move will result in the loss of his housing allowance.
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Condemned Property
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According to the Georgia Landlord Tenant Handbook, local governments may declare a property as "unfit for human habitation" because of unsanitary conditions, inadequate ventilation, disrepair or defects that increase the risk of accidents, fires or other dangers. If the property owner fails to bring the residence up to code, the tenant may treat the matter as a lease broken by the landlord. However, the tenant should obtain proof from the local housing authority that it did indeed condemn the property, and should send the landlord written notification that the landlord defaulted on the lease.
Property Damaged and Uninhabitable
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If a property is damaged by flood, fire, tornado or other disaster to the extent that the tenant can no longer inhabit the property, she should not be liable for the rent during the period she cannot occupy the premises. Although the owner is under no obligation to release the tenant from her lease immediately, under Georgia law, the owner must adequately maintain the property. Failure to make the required repairs so that the tenant may continue to occupy the residence may constitute a "constructive eviction," relieving the tenant from further financial obligations. The damages must be severe enough to prevent occupancy, not just inconvenience or discomfort for the tenant, and the tenant must vacate the premises.
Foreclosed Property
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If a landlord loses a property through foreclosure, the tenant has no obligation to rent from the new owner. The tenant may declare that the lease is terminated, as he made the agreement with the original owner. However, if the tenant decides to terminate the lease, he will not be protected by the Protecting Tenants at Foreclosure Act of 2009, which requires new owners to fulfill the terms of the original lease and to give at least 90 days' notice if the tenant must vacate.
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