Legal Question in Landlord & Tenant Law in Georgia

Business lease

We have been renting a facility and had converted it to a daycare facility. The person that we where renting from has sold the place out from under us and has given us 60 days to get out. We have made over $80,000 worth of improvements to this site and had turned this into a viable daycare facility. Of the improvements that we made we have added a fire alarm system, fencing, fans, bathrooms, etc. He is telling us that all of this material must stay which i can understand. But he has gone as far as telling us that anything that is on the walls, such as cubbies, pictures, bookcases, time clock, etc have to stay as well. All of those things we had prior to this location and they are simply just hung on the wall. Is this fair? I see these things as my property since I had them prior to moving to this location and because I have personally paid for them and have receipts to prove that we purchased them. Also, because of the improvements shouldn't we be compinsated for the improvements to the facility? We are at our witts end and don't know what to do. The previous and soon to be new owners feel that we should just walk away and leave everything for them so that they can reopen the facility and run a daycare from the same location.


Asked on 2/10/05, 9:23 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Business lease

Any material changes made to the property are technically not allowed under a normal lease. As such, you are required to remove any items or improvements not present before you moved in. And if they sell the property, they would be in breach of the lease and potentially liable for damages.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 2/11/05, 3:45 pm


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