Legal Question in Landlord & Tenant Law in Georgia

I rent half a building for my business. The lease is specifically for this half. The other half is currently used as storage and meeting room by the owner. The lease says that utilities are not included, so I pay electric, gas, and water directly. Upon receiving higher than expected bills I was informed that these bills are for both units and a common area, and not just my unit. I've asked him to split the bills, or put them into his name and I'd pay half. He has refused and said he's trying to get someone to rent the other half. He says at that point I should negotiate with them to pay half the bill. I don't see how that's going to work. The utilities are under my company's name so they'll be under no obligation to pay, and it's not like I can disconnect them without disconnecting myself. This is a months-long dispute, and he's not budging. Can this be considered grounds for breaking the lease, or am I screwed?


Asked on 2/20/14, 9:21 am

2 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It would most likely not be grounds for termination, although I would have to review the lease to know for sure. However, it would likely give you a claim against the landlord for the amounts you pay over your actual usage. But that is a separate claim from your obligation to continue under the lease.

I would recommend you have a local attorney send a demand letter to the landlord seeking past compensation and a fair division of the utilities moving forward.

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Answered on 2/20/14, 10:08 am
Scott Riddle Law Office of Scott B. Riddle, LLC

You don't tell us the amount of money at issue, or how long your lease is, but you might check with an electrical contractor about the cost of separating the service for your half, then negotiating with the landlord about who pays what.

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Answered on 2/20/14, 2:13 pm


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