Landlord Question and Answer Forum

My tenant called last night to tell me she can't afford the house anymore because she's getting divorced. She advised that she's going to send a 30 day notice today. My lease was created through this website applicable by Georgia law. I'm having trouble finding information on what charges she still owes. She is sending December's payment along with the notice and would be current at that time. Her lease doesn't end until May. Does this mean that her $500 security deposit has been forfeited as well? Also, this will be my first time dealing with this issue as a landlord. Any suggestions, hints or warnings would be greatly appreciated.

Don't know about GA but in VA the lease is a contract and the tenant is still liable for the rent until the end of the term. If they leave early you can still hold them liable for the remainder of their term EXCEPT that you must make a legitimate attempt to re-rent the dwelling but the tenant can be charged for cleaning, advertising/listing fees, and any extra costs accrued to re-rent the property. An alternative is to work with the tenants to get them out as cleanly as possible so you have less problems readying the property for renting. Assuming the husband is also on the lease then both of them are liable for monies due together and also separately even if the divorce. Here's what I would do if you think they don't have any funds to spare. Explain their legal obligation to finish their lease term and the costs involved if they break the lease, possible judgements, ruining of their credit, extra charges for re-renting, Then offer to let them out of their lease if they will move out by an agreed upon date with the premises thoroughly cleaned [and signed off by you, inspect early and often b4 the move out date] and they forfeit the deposit and be paid up in full up to the move out date. you can use the deposit to pay expenses to re-rent the property. Explain how she will save 4 months rent she would have to pay otherwise. Or any other way that is agreeable to you. fact is if she has no money they will move out anyway and not pay you anything and cause you more trouble with court actions etc...

Posted by Tim J, VA on Sunday, January 8, 2012

also for my above comment: If you do re-rent the dwelling before their original lease term ends you cannot collect their rent and the new tenants rent together. Once you re-rent the property then their payments are finished as you have corrected their legal liability and you only can collect from the new tenants.

Posted by Tim J, VA on Sunday, January 8, 2012

Thanks for your advice. That's exactly what I told her yesterday so it's refreshing to know it's the right thing. She's been a good tenant and I'm working with her as long as she works with me. Of course, it will all be in writing. Thanks again.

Posted by William C, GA on Sunday, January 8, 2012