Early Termination of Lease by a Landlord in Georgia & How It is Done
Ending a lease early happens. There are all sorts of reasons. Of course, the difference between a tenant ending a lease and a landlord ending one is very different. Early termination of a lease is ultimately the same as breaking any contract… possible, but it isn’t that straightforward. So, what are the considerations when exploring early termination of lease by a landlord in Georgia… what are the state laws on the matter… and what is the difference if the tenant seeks to do it?
As a property services company we need to know all the implications in these situations. When not done in the right way terminating contracts can result in a host of legal problems. In this article we will cover the following:
- How To Do an Early Termination of Lease by a Landlord in Georgia – Let’s cover what it means to want to terminate the lease and how one would do it.
- FAQ – Then we will go over some common questions that people may have related to this topic.
- How Property Management Could Help You Through the Process – And finally, we will tackle what property managers do and how they could be a big help in this process.
How To Do an Early Termination of Lease by a Landlord in Georgia
As a general rule of thumb, landlords cannot end a lease before its end date in Georgia unless the tenant violates specific lease terms. Common violations that may suddenly make early termination possible are things like nonpayment of rent, property damage, or if the tenant was getting into illegal activities in the rental home. In such cases, the landlord should follow the state’s eviction process. It’s important to look up your particular state and how it is advised to evict, since they can vary slightly from one place to another.
If they want to do an early termination of lease by a landlord in Georgia for reasons not related to tenant misconduct — such as selling the property or personal use — they are generally locked into waiting until the current lease expires. But keep this in mind. Some lease agreements may include specific clauses that allow for early termination under certain other conditions. Or, both parties can agree to an early termination agreement that basically supersedes the original lease. So, a landlord (and the tenant) should check the lease agreement for sure to see if there aren’t other specific terms that can come into play.
There are some possible differences when it comes to month-to-month tenancies (or at-will leases). In the case of Georgia law, landlords can terminate the lease by providing a 60-day written notice to the tenant. This notice needs clearly state the landlord’s intention to end the tenancy and the date by which the tenant needs to vacate the property.
FAQ
Can a landlord break a lease early to sell the property in Georgia?
No, a landlord cannot terminate a lease early just because they want to sell the property. If the lease is still active, the new owner must honor the existing lease terms unless the tenant agrees to leave voluntarily. If the lease is “at will” or month-to-month, the landlord can give 60-days notice.
What happens if a landlord illegally breaks a lease in Georgia?
If a landlord tries to terminate a lease early without a legal reason or proper notice, the renter may have grounds to take legal action. A tenant could file a complaint with local housing authorities or even sue for wrongful eviction if forced out improperly. You could contact your state’s official office like their housing or consumer protection division or a lawyer who specializes in this type of law.
Can a landlord evict a tenant for no reason in Georgia?
No. For tenants on a fixed-term lease, a landlord should have a valid reason to evict, otherwise they need to wait until the lease ends. If they are on a month-to-month lease, they can end the lease with 60 days’ notice. Otherwise, early termination of lease by a landlord in Georgia and most places (or eviction) needs to have valid reasons.
Can a landlord offer a tenant money to leave early in Georgia?
Yes, landlords can negotiate an early lease termination agreement with the tenant. They might offer incentives like covering moving expenses or a financial payout. This is a legal (though voluntary) way to end a lease early without going through the eviction process.
How Property Management Could Help You Through the Process
Breaking a lease can be complex. By doing your research and going about it the right way, it’s possible to get it done. Whether initiated by a tenant or landlord, lease termination often involves legal steps, potential financial penalties, and the need for clear documentation. But it’s possible to navigate that rocky terrain. Understanding tenant-landlord laws can go a long way to getting through it.
At Bay Property Management Group, we understand how the terms of a lease can impact both landlords and tenants. Property management like what we provide can be a huge help. Our team walks all parties through the lease process, and in the event an eviction or if someone needs to terminate the lease early, we will be with you every step of the way. Call us now for property management services in Atlanta, Texas, Boston, Philadelphia, Virginia, and elsewhere.
