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will be enforced if the damage caused by the terination is difficult to estimate and the agreed

amount is a reasonable estimate of t ndlord’s loss and the expenses caused by the

termination. The early termination fee should no be so high that it penalty for terminating. In

the alternative, some leases may not allow for anearly termination and may require the tenant to

pay the rent for the months that remain under the terminated lease.

My tenant has a one year lease but moved out after six months. Can I sue my tenant for rent due for the remaining six months?

The general rule in Georgia is that if a nant abandons rental property, before the lease

expires, the landlord is not required to mitigate damages by re-letting the apartment.

The

landlord can allow the abandoned unit to remain acant and hold the tenant responsible for rent

that

comes

due

under

the

lease.

This

rule lies punless

the

landlord

accepts

the

tenant’s

surrender of the property or the tenant sssfully terminates the lease by following the

language

of

the

early

termin on

provision

of

the

lease.

The

landlord

does

not

accept

the

surrender

merely

be

accepting

the

keys

or

entering

onto

the

property.

However,

if

the

landlord retakes possession of the unit and re-rents the unit or allows others to live in the unit, he

cannot hold the tenant responsible for rent owed under the lease.

My lease expired two months ago, but the landlord allowed me to continue at the same rent without signing a new lease. Now, the landlord has decided that I must sign a new lease with a higher rent or move out. The landlord gave me only two weeks’ notice to decide. What does the law say about this situation?

Since the landlord accepted rent after the iginal lease expired, a tenancy-at-will was

created. The tenant continues to occupy the u ti under the same terms and conditions as in the

expired lease. However, the landlord must give a sixty (60) day notice prior to any change in the

tenancy, including increasing rentan offer of a new lease, termination of the rental

arrangement. The landlord is not required to gve this notice in writing unless the lease requires

it. However, it is better practice to provide written notice. Likewise, ehtenant must provide a

26

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