Legal Question in Real Estate Law in Georgia

Hello,

Want to clarify the law on a commercial real estate lease in GA. Once the walkout checklist has been signed that everything is ok, does it absolve the tenant of all responsibilities for any damage that takes place after the lease has ended? For example, a purchaser of restaurant equipment doing damage to the property when moving it out and taking things not agreed upon in the sale. Property management was not present to supervise.

Circumstances being-the sale of restaurant equipment in a bundle, and the purchaser attempting to negotiate a new lease, property management verbally told both parties the equipment could be "stored" there pending the outcome. As it turns out the parties could not reach an agreement, and the purchaser of the equipment went into the space approx 4 weeks after signing off on the lease and turning over the keys. Who is liable here? It would seem to me the property management company holds this responsibility for allowing this to happen without supervision.


Asked on 3/07/18, 11:21 am

1 Answer from Attorneys

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

It depends on the language of the lease, but generally the party that actually does the damage is ultimately responsible. Allowing someone to use or occupy the space does not absolve them of doing damage.

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Answered on 3/07/18, 12:03 pm


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