Can a lease be broken if2 tenants are on a lease and one of them dies?

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Can a lease be broken if2 tenants are on a lease and one of them dies?

If 2 people sign a lease as tenants, in the state of GA and one of them dies, can the living tenant cancel the lease if they cannot afford the full amount of the rent?

Asked on March 1, 2011 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, no. Just as if two people signed a lease, one would be remain bound--and liable potentially for the full amount of the lease--notwithstanding that the other tenant default, moved out, left without leaving a forwarding address, etc., so too, the death of one tenant does not allow the other tenant off the lease or out of the obligations--even if the remaining tenant cannot afford them. The remaining tenant should look to subletting and assignment of the lease as possible options; he or she should also not be afraid to discuss the matter with the landlord and see if something could be voluntarily worked out--parties can always amend or alter a lease by mutual agreement.


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