Legal Question in Landlord & Tenant Law in Georgia
Commercial Lease Termination
I own and have leased out office space. The tenant is consistently late with the rent payment and has not paid the late fees as stipulated in the lease agreement. The lease agreement states ''In the event the Lessee shall default in the prompt payment of rent when same is due, or fail to perform any of the provisions of this Lease, or in the event the lessee shall abandon the premises, or leave them vacant, Lessor, without further notice, may re-enter the premises and take possession of said premises, cancel this Lease, retain the Security Deposit and relet the premises.'' Can I send the tenant a lease termination letter?
1 Answer from Attorneys
Re: Commercial Lease Termination
I think if it were me I would do the following.
(1) Send a certified letter telling them they had until X date to send me the late fees currently due and owing. If the fees are not received by that date, the premises will be entered, the lease terminated, and the properly relet.
(2) From this date forward if you are late with rent for any reason the lease will automatically terminate effective on the day the rent is late.
I would get a return receipt and then I would enforce the lease after giving notice of my intent to do so.
If they do not pay, then I would institute eviction proceedings. I would not simply walk in an relet the property without first evicting.
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