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FAQ: What are the advantages and disadvantages of a written lease?

Por: Georgia Legal Services Program® LSC Funded

FAQ: What are the advantages and disadvantages of a written lease?

What are the advantages and disadvantages of a written lease?  

The advantages of a written lease are certainty and clarity. The lease sets the rent for the
lease term. Unless the language of the lease states otherwise, rent cannot be increased during the lease term. A lease spells out the obligations of the tenant and landlord. If there are any disputes between the tenant and the landlord, the lease represents what was agreed upon by the parties. When there is not a written lease, there are often misunderstandings between the tenant and landlord.

The primary disadvantage of a lease is that it binds the tenant to the premises for a
specified amount of time. Therefore, if you are planning to live in the unit for a very short
period of time, you may not want a lease. Leases can be made for any length of time, so you could ask the landlord if the lease could be written for the time period you expect to live in the unit. If you may have to move due to a job transfer during the term of the lease, you can ask that the lease include a provision allowing you to terminate without penalty due to employment reasons. Similarly, if you intend to buy a house during the rental period you may ask that the lease include a provision allowing you to terminate without a penalty upon closing on a home. If the lease does not contain language allowing the tenant to terminate before the end of the lease, the tenant cannot end the lease before its expiration without penalty. Georgia law does not allow a tenant to terminate their lease because they are buying a home or being transferred by their employer.

Última revisión y actualización: Jul 21, 2011