If we are having a baby and there will be 5 people living in a 1000 square foot apartment, can I get out of the lease?

Question Details:

My wife and I currently share a 2 bedroom apartment with another couple. We are expecting our first child before the lease is up. Is it legal for 4 adults and a baby to live in a 2 bedroom apartment?

Asked 2/3/2012 under Landlord / Tenant | 83 View(s) | More Legal Topics

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Landlord / Tenant Law Answers

Glenn M. Lyon, Esq. / MacGregor Lyon, LLC. Answered 3 months ago | Contributor This attorney is licensed in Georgia

Not legally, no, unless the lease allows you to.

You may be exceeding the occupancy code, in which case you need to discuss the possibility of being let out of your lease. Most likely the landlord will try to make you stay but the best thing to do is see if you can surrender your portion of the lease or help find new roommates for the other tenants so you don't have to pay much in the way of early move out.

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