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Updated over 4 years ago on . Most recent reply

User Stats

88
Posts
32
Votes
Winn Merwin
  • Rental Property Investor
  • Augusta, GA
32
Votes |
88
Posts

Help! Signed lease for 3 month stay. Cancels before move in.

Winn Merwin
  • Rental Property Investor
  • Augusta, GA
Posted

Hello,

I have a 3 unit which has been listed on Airbnb for awhile. I heard about the traveling work force as it is in a medical community in Augusta Ga. Got our first short term tenant. She signed a biggerpockets GA lease for 90 days and paid a deposit and past for a background check. 

The morning after she was supposed to move in she emailed saying she would not be coming to Augusta as planned. I let her know that per GA law she has to give 30 days notice to break the contract, but the lease does not have any other stipulations. 

I think I should refund her deposit. Keep the first months rent, and get it re rented for the final 2 months of her lease to let her off the hook for the 2nd and 3rd months. Thoughts?

Do I have to partially refund her first month if I can get it rented before 30 days is up?

Thanks in advance,


Winn

  • Winn Merwin
  • Most Popular Reply

    Account Closed
    • San Jose, CA
    3,246
    Votes |
    4,456
    Posts
    Account Closed
    • San Jose, CA
    Replied

    Google "Georgia duty to mitigate" and find out what the law says.  That's the law that you need to find out.

    If you don't want to research the law, then, pretend it was you and what do you think is fair?  Normally, what's fair is to charge someone for whatever your actual out-of-pocket costs are.  You shouldn't go wrong with that.  But, you should really know the laws that govern your business.  Landlord-tenant laws are usually a very small amount of law that you have to learn, and taking the time to learn them will save you heaps in unnecessary legal fees.

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