Legal Question in Landlord & Tenant Law in Georgia

tenant breaking commercial leas

i have a national tenant leasing retail space and wishes to terminate with about 30 months left on the lease- they say the store is underperforming and want out-what is fair for everyone to let them out-half the lease or a third they should pay to leave?


Asked on 12/04/08, 8:10 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: tenant breaking commercial leas

What is "fair" is not a legal question. Work it out with them.

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Answered on 12/04/08, 10:58 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: tenant breaking commercial leas

To expound on Mr. Riddle's response, assuming there is no permission for your tenant to terminate early under the terms of the lease, you can enforce the full term of the lease. So, either you negotiate some kind of pay out for the early termination or you simply hold them to the lease. And if they leave, you would probably have a solid breach of contract claim against them.

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 12/05/08, 9:53 am


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