Legal Question in Landlord & Tenant Law in Georgia
Commercial tenant rights
I am handling a my mom's business regarding early termination of a lease. The building was sold and the previous owner notified my mother by giving a letter stating it after the sale. So in essence, her landlord changed without her knowledge. Next, she and the previous landlord had a verbal agreement on top of the written lease that she could give a 30 day written notice to terminate. After several issues, ie: slow response to repairs, unsafe working conditions due to a public knowledge of a previous tenant being a ''meth'' addict, a pawn shop that sells guns moving in he same building, etc., my sister decided close her business due to unsafe conditions for her and her 3 year old daughter. There were some days where she was afraid to go to work due to ''a drug bust'' initiated by the previous tenant. At any rate she gave a 30 day notice, paid through the 30 day notice and has not asked for the deposit back. The tenant wants the rest of the years lease money (through December). There is not any mention of termination process in the tenants or landlords behalf. Is there any law that allows for termination if it is not stipulated in the lease agreement and was orally agreed upon by the previous landlord of whom conveniently can't remembe
2 Answers from Attorneys
Re: Commercial tenant rights
The lease primarily controls the relationship, and it would have to be reviewed in its entirety. Either way, relying on an oral modification (if the lease allows that) and then just moving out prior to resolving all issues was not the appropriate way to handle a business matter.
Re: Commercial tenant rights
The terms of the lease would control and it would be unusual for the lease not to address termination rights and duties. Additionally, most leases will preclude any additional verbal agreements. So, you have to go back to the lease terms. However, if the landlord breached the lease first by failing to follow the terms, then the tenant may be able to terminate the lease regardless of its terms.
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.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
