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-   -   Landlord rights in breach of lease (https://www.askmehelpdesk.com/showthread.php?t=93313)

  • May 16, 2007, 03:47 PM
    lockraylyn
    Landlord rights in breach of lease
    Under Georgia law, may a landlord charge a tenant that breaches the lease agreement
    Within the first three months of the agreement, the full year's rental price or the offset
    Amount of whenever a new tenant is procured?
  • May 16, 2007, 03:52 PM
    NowWhat
    There should be a clause in the lease regarding early termination. It could state either the party gives 30 days written notice and would have to pay a termination fee of equal to one months rent and the person would lose the security deposit. Or it could state that the full amount is due until the property is re-leased. I would just look at the document signed.
    There is typically only a 72 hour "change of mind" clause. So three months - the lease is in full effect.
  • May 16, 2007, 04:48 PM
    Fr_Chuck
    As a property owner in Gerogia if you have a lease you are bound by the terms of that lease, there is no early out. You can be and will be changed for the full amount of the lease, or to the ponit they rent the property.

    So if you give notice and it takes them three months to get it rented, you will owe for three moneys.

    And sorry no, there is also no 72 hour clause in any of the leases, once signed the and money given ( or other action to show you are accepting the lease) it is final. I own and rent property in three states and have never heard of that. The 3 day for in home sales, but does not apply to rental property
  • May 17, 2007, 05:40 AM
    NowWhat
    Well, maybe it was the company I worked for in Georgia that had that. I worked in property management there - and the leases we used did have a 72 hour clause. Like I said, it may have just been the company I worked for.
  • May 17, 2007, 05:46 AM
    ScottGem
    Quote:

    Originally Posted by NowWhat
    Well, maybe it was the company I worked for in Georgia that had that. I worked in property management there - and the leases we used did have a 72 hour clause. Like I said, it may have just been the company I worked for.

    There is a three day (72 hour) right of recission as part of the Fair Credit Act. But it applies to credit contracts signed for the purchase of some form of property. However, some companies have written that clause into their contracts on their own, even though not required to.
  • May 17, 2007, 06:15 AM
    excon
    Hello:

    This is for the what it's worth department.

    In my state back in the 70's, door to door salesmen were everywhere. They were good too. They sold encyclopedias, siding, magazines... They would do this right in your own living room too, and they wouldn't leave unless they got a deal. Lots of older folks felt intimidated and went along... But, they really didn't want the encyclopedias; they wanted to get rid of the salesman.

    In response to the abuses, the legislature passed the three day right of rescission law. It was aimed at those sales that occurred in the home. It was presumed that people who left their home to travel to, say, a car dealership, were not intimidated at all being in the dealers showroom where THEY could walk out, so the law did NOT extend to them.

    That's as it should be.

    excon
  • May 25, 2007, 12:58 PM
    DC Bob
    ScottGem is right.

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