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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37382
Experience:  Attorney over 16 years, landlord 26 years
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I live in Georgia,planned to move Houston,Tx.We choose a

Customer Question

I live in Georgia,planned to move Houston,Tx.We choose a house for rent(which was out of rent from last two months) with one year contract and deposited amount $1650.The effected date for lease was after more than ten days that is on 15 of Aug.It was said on lease paper if we will not collect the keys 5 days after 15th of aug.the deposit money wont be return.Unfortunately because of some serious issues we dropped to go to Tx,and cancelled the lease.We informed them about 9 or 10 days before the effected date.However we loose the deposited amount but they told us we have to pay the rent till the house will go for rent.As this was not mention in the lease paper only about the deposit amount.They sent us the letter for informing credit beureau. As we informed them about 9 0r 10 days prior to the effected date of lease and nothing was mention in the lease paper except the holding of the deposit amount. Kindly help me in this case.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Expert:  barristerinky replied 1 year ago.

If you are asking if they can charge you for any lost rent until they re-rent, unfortunately the answer is yes. A lease is legally binding as soon as you sign it and if you breach the lease, even if you have not moved in, the landlord can charge you for any lost rent until he rents it again. He does have a legal duty to mitigate his damages by advertising and trying to re-rent as soon as possible.

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This is a matter of general landlord tenant contract law and the landlord doesn't have a legal obligation to explain this to you prior to you signing as he is not your attorney. If you have questions about a contract like a lease or any legal repercussions of signing it, then you would need to talk to an attorney before you sign it. After you sign is too late because you are already legally bound.

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With that said, if you didn't pay the rent, the landlord would have to sue you where you live, which is pretty unlikely if you are in GA and it is much more likely that he will try to threaten and scare you but won't really do anything simply due to the cost..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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