Is there a way to get out of my lease agreement without paying the final 5 months of rent?

There is nothing in the agreement that talks about breaking the lease or consequences for abandoning. Leasing agent says she has to find a new tenant before we can leave. This is not listed in the lease agreement. Nor do we have anything in writing. She suggests we move out of the space to make it easier to lease, yet continue to pay the rent even while we are not there. Is this legal?

Asked on November 11, 2011 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a written lease agreement for a term and there are still months left on the lease and you no longer wish to live in the unit you occupy, in order to not be obligated on the balance of the written lease, you have to get another person to rent the place of the time period at the same rate you pay or be obligated to the landlord for the rental.

If you move out of the unit and pay rent for it, it makes no economic sense for you because you have to pay rent somewhere else. You can do what is suggested, but why would you pay for an empty unit that you are not using? It makes sense to just live in the rental, pay rent and then move when the lease ends.


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