Legal Question in Landlord & Tenant Law in Georgia

The lease allowed the placement of a portable Air/Vac on landlord's property. Rental period was for three years. Either party could terminate with a 60-day notice. On 1 August, rent check was received. On 9 August, landlord discovered the Air/Vac had been moved. Air/Vac was moved on 8 August. He contacted the tenant and asked why did he not provide notification. The man indicated his phone was messed up and had attempted to call 6 August. The tenant indicated he needed to sell the unit because it was not making a profit. No time during this conversation did the tenant offer to settle with paying rent for additional months. A letter was sent to the tenant requesting payment for the remaining terms of the lease which was 1.6 years. Tenant sent a rebuttal indicating he considers the lease still in effect since he sent a payment on 1 August. When the check was deposited on 1 August there was no indication the tenant was vacating the property. He said he intends to pay rent for the next 2 months and the letter served as the 60-day notification. He says there is no provision in the lease that allows for acceleration of the remaining lease payments. I believe he broke the agreement the day he moved the Air/Vac without notification.

Additional information - when the unit was moved, the property was not cleaned up. My original letter to him indicated there were damages to the property and quoted a $500 charge for damages. After the letter was received, tenant entered the property without notice, removed the concrete and material associated with original installation.


Asked on 8/29/16, 2:36 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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Answered on 8/29/16, 2:42 pm


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