A tenant may consider breaking a lease in Georgia for a variety of reasons, such as changes in employment, inability to pay rent, or personal circumstances. Some of these reasons are perfectly legal, others are not and may result in an eviction. So, as a Georgia landlord, its important that you understand the difference.
In today’s article, we at Liberty Real Estate Services will cover these regulations so that you’re well-informed about your rights and your tenants’ rights. Among other things, we’ll go over important lease terms to have, as well as the justified and unjustified reasons for breaking a lease in Georgia.
What to Contain in a Lease
Lease agreements are contractually binding agreements between a landlord and a tenant. It sets out the rules and policies that a tenant must abide by for the entire duration they will be living at the rental property.
These rules and policies range from rent details to maintenance responsibilities. So, as a landlord, you must create a solid, clear lease agreement to minimize any misunderstandings or confusion.
For one, you’ll want to cover the basics in the lease agreement. This should include things like:
- Rent details: The dollar amount of rent, when and where to pay rent, acceptable options to pay rent, late fees, and even the grace period.
- Other move-in costs: Apart from the rent, you may also want to mention other move-in costs associated with the rental property.
- Entry rules: To prevent potential landlord harassment lawsuits, make sure to state the entry notice requirements. An advance 24 hours’ notice is typical.
- Maintenance responsibilities: You’ll also want to spell out what responsibility each party has when it comes to cleaning and maintenance of the rental property.
- Policies on smoking and pets: Make sure your tenant knows what your stand is regarding smoking in the rental unit and whether they are allowed to keep pets.
The Unjustified Reasons for Breaking a Lease in Georgia
The following reasons don’t provide tenants with enough justification for breaking a lease in Georgia. As a result, they do not provide your tenant with legal protection against any potential penalties you may charge them for breaking a lease:
- Breaking a lease to move into the new home they recently bought.
- Breaking a lease to relocate nearer to the new place of work.
- Breaking a lease in order to upsize or downsize.
- Breaking a lease agreement because of a separation or divorce.
- Breaking a rental agreement in order to move closer to family and friends.
If a tenant decides to break a lease for any of the aforementioned reasons without the approval of a court, Georgia landlords can penalize them for breaking the agreement. This may include making deductions to the security deposit if applicable.
The Justified Reasons for Breaking a Lease in Georgia
Georgia landlord-tenant laws permit a tenant to break their lease early in certain circumstances. Such as the following:
An Early Lease Termination Clause
As a landlord, you can create specific terms that would allow a tenant to break their lease early. In turn, you may want the tenant to provide you with reasonable advance written notice as well as have your tenant pay a penalty fee.
To enforce fees or penalties, ensure the early termination clause specifies the amounts and conditions for payment. If a tenant violates the early termination clause, you can deduct the fees from their security deposit or take legal action to recover the costs.
The Tenant is Beginning Active Military Duty
Active service members have a right to break their lease without penalty under the Servicemembers Civil Relief Act. It protects members of active military duty when they have been relocated or received permanent change of station for military reasons.
The tenant, however, has an obligation to meet certain standards. They must serve you with a copy of the letter from their commanding officer. They must also show proof that their duty is going to run for at least the next 90 days.
Under Georgia law, service members include the U.S. Coast Guard, Georgia Air National Guard, and the Georgia National Guard.
The Unit is Uninhabitable
The state’s warranty of habitability outlines the minimum health and safety codes that landlords must adhere to. If a landlord fails to meet these standards, a tenant may be considered “constructively evicted”. At that point, under the law, your tenant would not have any further responsibilities within the lease such as rent.
Violation of Privacy
Privacy violation by a landlord is a prime example of landlord harassment; it’s illegal. Although Georgia doesn’t state how much written notice a landlord must serve tenants before entry, you cannot just enter your tenant’s unit unannounced.
Landlords should agree with tenants on entry rules in the lease agreement to prevent potential harassment lawsuits.
Domestic Violence
The laws allow domestic violence victims in Georgia to break their lease early without penalty. But before moving out, the tenant must first meet certain conditions. Such as, providing their landlord with a notice of termination, as well as obtaining a protective order.
Bottom Line
At this point, you’re now well-versed with what the law says when it comes to your Georgia tenant breaking a lease. For further clarification, Liberty Real Estate Services can help.
We have a solid reputation for providing professional and effective property management solutions in Hinesville and the surrounding areas. Get in touch today!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regard to this content, or any other aspect of your property management needs.
