Can I void a pre-signed lease without penalty or credit damage if the current lease hasn’t ended ?

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Can I void a pre-signed lease without penalty or credit damage if the current lease hasn’t ended ?

If I pre-signed the upcoming years lease last week prior to the current lease ending but I now need to move due to circumstances beyond my control; I’m being laid off. Can I void that pre-signed lease since my current lease hasn’t ended without any penalty or damage to my credit?

Asked on April 24, 2012 under Real Estate Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  Many times a new tenant will sign a lease prior to the expiration of the lease of the tenant presently occupying the apartment.  It is legal and does not render either lease invalid.  Unless you have a legal reason to terminate then you are stuck with the contract that you have signed.  What I would do is to contact the landlord asap and see if he or she can re rent the premises prior to the 1st with out any losses.  Also, I would see if the lease allows you to sublet and try that if the landlord will not void the lease.  Good luck.


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