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FAQ: My tenant moved out after six months. Can I sue my tenant for the remaining rent?

Por: Georgia Legal Services Program® LSC Funded

FAQ: My tenant moved out after six months. Can I sue my tenant for the remaining rent?

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 tenant 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 vacant and hold the tenant responsible for rent that comes due under the lease. This rule applies unless the landlord accepts the tenant's surrender of the property or the tenant successfully terminates the lease by following the language of the early termination provision of the lease. The landlord does not accept the surrender merely be accepting the keys or by entering onto the property. But 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.

Última revisión y actualización: Jul 25, 2011