Lease Termination
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Lease Termination (by nycdawg09 [GA]) Sep 3, 2014 7:33 PM
       Lease Termination (by BRAD 20,000 [IN]) Sep 3, 2014 10:25 PM
       Lease Termination (by Pattyk [MO]) Sep 4, 2014 4:27 AM
       Lease Termination (by nycdawg09 [GA]) Sep 4, 2014 6:34 AM
       Lease Termination (by BillS [CO]) Sep 4, 2014 10:50 AM


Lease Termination (by nycdawg09 [GA]) Posted on: Sep 3, 2014 7:33 PM
Message:

State Specific Question About: GEORGIA (GA)

I am a landlord in Georgia. My tenant just told me that he is about to accept another job out of state and would like to terminate the lease (which ends in 8/2015).

Below is the language from the lease that he signed - it appears that he is obligated to pay me 3 months rent before he can terminate. This is the first time this has happened to me - I just want to make sure, 1) is this correct and 2) how should I best approach this with him?

Please advise. Thank you!

a. Right to Terminate Early: Provided Tenant is not in default hereunder at the time of giving notice, Tenant has strictly complied with all of the provisions of this paragraph, and termination is as of the last day of a calendar month, Tenant may terminate this Lease before the expiration of the term of the Lease by:

i. Giving Landlord no less than 90 days notice on or before the day rent is due as

shown in rent paragraph above; plus

ii. Paying all monies due through date of termination plus the total amount of any and all deposits; plus

iii. Paying an amount equal to 2 months rent.

iv. Return Premises in a clean and ready-to-rent condition.

Any notice for early termination must be signed by all Tenants. Tenant's election of early termination shall not relieve Tenant of responsibilities and obligations regarding damage to Premises or Property. Tenant may not apply the security deposit toward the payment of any of Tenant's financial obligations set forth in this Early Termination by Tenant Paragraph. --72.69.xx.xxx




Lease Termination (by BRAD 20,000 [IN]) Posted on: Sep 3, 2014 10:25 PM
Message:

nycdawg,

Go for all you can!

If they leave today for the new job, I read your lease as requiring 3 months rent plus 2 months fee plus maybe their deposit in paragraph ii.

Go for to gold but know few people have this much money saved up. May need to accept a payment plan.

My policy is their legal obligation ends once the fees are all paid. The sooner the better.

--67.175.xx.xxx




Lease Termination (by Pattyk [MO]) Posted on: Sep 4, 2014 4:27 AM
Message:

Send them a notice with the clause and amount due. You may or maynot get it. Of course if u get it rented quickly they msy not owe the money. Certainly following them to another state to collect is going to be difficult. So i'd try to make it a win win situation for everyone. --173.243.xx.xx




Lease Termination (by nycdawg09 [GA]) Posted on: Sep 4, 2014 6:34 AM
Message:

Thanks - much appreciated. --173.209.xxx.xxx




Lease Termination (by BillS [CO]) Posted on: Sep 4, 2014 10:50 AM
Message:

I read that they must give you 90 days notice and pay rent up until the day they move (at least 90 days after notice), pay you 2 months as a fee.

For me and I'm in a hot market. I get the dollar amount to slightly more than 2 months and they get to leave tomorrow with a clean break, if I get the money and they sign the termination agreement. I'll have it rerented in a week for more money. I have no problem taking the fee because my time is valuable.

The 90 day notice is not really necessary but it is leverage. --75.160.xxx.xxx





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