Georgia Landlord-Tenant Handbook Pg. 14 Section 3

3. Ending a Lease:

 Early Termination. The landlord and tenant may only end a written lease according to its terms, with limited exceptions for military service members or if a tenant is fleeing family violence. If the tenant terminates the lease or abandons the property in a way the lease or law does not allow, they may owe the landlord money.

• Early Termination Fees. A lease may require the tenant to pay certain fees for ending the lease early. Early termination fees will be allowed if (1) the landlord’s damages caused by the early termination are difficult or impossible to estimate accurately, (2) the tenant and the landlord intend the fees to cover damages and not penalize the tenant for leaving, and (3) the fees are a reasonable estimate of the landlord’s damages caused by early termination. If these requirements are not met, a judge may say that the early termination fee is not allowed.
• Duty to Continue Paying Rent. In Georgia, if the tenant abandons the unit or terminates the lease early without the landlord’s permission or a legal exception, the landlord does not have to find another tenant or allow another person to lease the unit. Unless the lease says otherwise, the landlord can allow the unit to remain empty and hold the tenant responsible for rent through the end of the lease. This rule applies unless the landlord accepts the tenant’s leaving. For example, if the landlord retakes possession of the unit and re-rents it or allows others to live in it, he cannot hold the tenant responsible for future rent owed. But, the landlord does not accept the tenant leaving just by accepting the keys or by entering the property.
• Family Violence and Stalking Exception. In Georgia, there are some instances in which a tenant can terminate their lease with thirty (30) days notice to their landlord if they have a court order for the protection of the tenant or their minor children. More information about family violence and stalking protection is on page 23.
• Military Service Members. A tenant may have more flexibility to relocate and terminate a lease early based on military orders. More information about the Service Members Civil Relief Act is on page 22.

End of the Lease Term: When the initial lease term is over, the lease can renew, extend, or end at the end of the lease term depending on what the lease says.

• Renewal. A lease may allow you to renew by signing a new lease. If the lease permits, you must give the landlord written notice of intention to renew the lease. If you do not timely renew the lease, the landlord may treat the lease as expired at the end of the term and take back the rental property.
• Extension. A lease may allow you to stay longer under the same lease provisions if it has automatic extension language. The lease may allow automatic extension at the end of the current lease without signing a new lease unless you give notice that you want to leave. If the lease allows that, and you do not notify the landlord that you plan to leave, you could end up responsible for another lease term.
• Termination. If the lease expired without being renewed or extended, the landlord can take back the rental property. If you refuse to vacate the property after the lease expires, the landlord can require that the tenant immediately sign a new lease with new terms or leave. If a new lease is not signed, and the landlord continues to accept monthly rent, a tenancy-at-will is created with the terms of the original lease. The landlord would then be required to give sixty (60) days’ notice before they can terminate the lease or change the terms, and the tenant(s) must give thirty (30) days’ notice before leaving. If you want to stay in the unit, read the lease to find out how to renew or extend the lease. A landlord can choose not to extend the existing lease or decline to offer a new lease. A private landlord is not required to give a reason for refusing to extend or renew a lease unless the lease requires a reason, as long as the landlord does not violate discrimination laws. If you and the landlord cannot reach an agreement on a new lease or extension, you should plan to move when the lease ends.