Legal Question in Landlord & Tenant Law in Georgia

My partner wants to break his half of the lease

He isn't my business partner, but he and I personally signed a commercial lease to lease a building for two years. Now he wants to terminate the lease and it hasn't even been thirty days. He wants to bail, I want to stay. His rational is that the lease states if we don't pay our rent after 14 days past due, they will take the building back. Is he legally obligated to stay in the lease? If he walks away and I pay my half, can I be evicted?


Asked on 10/12/08, 4:51 pm

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: My partner wants to break his half of the lease

You cannot force him to stay, but you would probably have a good claim against him for his portion of the rent.

If the rent is not paid in full and on time, the landlord would have the option to file a dispossessory (eviction).

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.

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Answered on 10/13/08, 8:32 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: My partner wants to break his half of the lease

You likely misunderstand the lease. It is highly unlikely your lease is divided into "halves." In virtually all such leases, both of you are liable for the entire amount. It would make little sense for the landlord to be stuck with getting only your "half" and not being able to put you out. If it is not paid in full under the terms of the lease, the landlord will likely take action to evict you. Both of you would then be subject to a lawsuit for the remaining lease payments due, or the amount of lease payments and other damages suffered by the landlord (i.e., advertising, broker fees, etc.) until another tenant is found.

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Answered on 10/12/08, 4:57 pm


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