Legal Question in Landlord & Tenant Law in Georgia

Legal help, Landlord is non performing, Breach of Contract

The 3-year lease agreement has been signed on 7/4/2003. The commencement date on the contract is 9/1/2003. The landlord have been neglecting his duty base on the following: Not replying to inquiries in a timely matter, waiting until the last minute to start begin any work, changing floor plan and suite numbers without informing us. He and his partners comment have let us to believe he is discriminating my partner and I because of our age, 23-24. The landlord have now chosen to build out with the floor-plan he desires rather than the one in accord with our contract. It's now going to take another 3 months or more for him to perform. In total, since July, he is going to take 6 month to do whatever he choose. Note, this is not a delay it's fraud, he and his partner have very strong indication of knowing the length of time it may take to build out yet posed under the false pretense that we can move in by september 1st, 2003. I have emails, and witness of conversations that can lead to this point. The landlord is hiding behind the clause in the contract that states, the landlord can not be held responsible for delays and delays can not effect the expiration date of the contract.


Asked on 10/14/03, 8:08 pm

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Legal help, Landlord is non performing, Breach of Contract

The landlord appears to be violating his part of the lease. You may need to take him to court to enforce the lease contract. In the meantime you will need to communicate as much as possible in writing, the rest of the time keep a log of your conversations and dates and the subject and conclusion. But, it appears as you have said, he wants another tenant so he's building it out a different way. If you want this space you will probably need to take him to court. If you don't, you should find another space and terminate this contract.

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Answered on 10/15/03, 8:59 am


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