If I’m in the first 30 days of signing a lease agreement, do I still have to pay to break the lease?

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If I’m in the first 30 days of signing a lease agreement, do I still have to pay to break the lease?

Asked on November 23, 2012 under Real Estate Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you do. A lease is a contract and therefore is a legally binding upon all of the parties to it. Even if you never moved in, you would still be liable for early termination fees. What you need to do now is to contact your landlord, if you have not done so already, and see what you can work out with them. Possibly you can find anothet tenant to take over your space or you can find a subtenant to take over your lease. Otherwise, you must pay. Technically you are responsible for the remaining rent due under the lease. However, your landlord is under a "duty to mitigate damages", which means that they must make a good faith attempt to find a replacement tenant.


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