Atlanta Attorneys Assisting Parties in Real Estate Disputes
Owning rental properties can be lucrative, but managing relationships with tenants can be challenging. While some issues can be resolved without difficulty, in many instances, landlords must take prompt and aggressive action against their tenants to ensure that they do not inadvertently harm their interests. If you need assistance resolving a dispute with a former or current tenant, it is smart to speak to an attorney experienced in handling landlord representation matters as soon as possible. The knowledgeable Atlanta real estate lawyers of Poole Huffman are proficient at helping landlords protect their financial interests and reputation, and if we represent you in a legal dispute, we will help you seek a swift and favorable resolution. We frequently represent landlords in matters involving tenants in metro Atlanta, Decatur, and throughout Georgia.
Disagreements Over Lease Terms
One of the primary issues that prompt landlords to seek legal intervention is a dispute over lease terms. For example, if the lease agreement is vague or does not address matters such as what modifications the tenant is permitted to make, who bears the cost of and tax consequences of such changes, and if there is a tenant improvement allowance, what qualifies as an approved modification. Disagreements can also arise over whether a tenant engaged in behavior that violates the terms of the lease or if the tenant abandoned the lease but refuses to pay rent for the remainder of the lease term. In such cases, the landlord may file a declaratory judgment asking the courts to resolve the dispute.
In other instances, a landlord may need to take action to remove a mechanic’s lien from their property for improvements completed pursuant to an agreement between the tenant and the contractor that imposed the lien. Whether such liens are enforceable depends on numerous factors, including when the work in question began and whether the landlord authorized the improvements.
Landlords will frequently seek legal representation if they wish to evict a tenant as well. Landlords can evict tenants for refusing to pay rent in accordance with the lease terms. Holdover tenants can also be evicted if they fail to move out at the end of the lease. In Georgia, landlords cannot perform evictions by themselves, however, even if they have evidence that the tenant violated the terms of the lease. Instead, they must go through the eviction process in the courts. Further, the tenant is permitted to remain in the leased premises until the court renders a decision on the eviction matter, and the landlord is not permitted to withhold the tenant’s utilities during that time. As such, it is essential that landlords complete the eviction process as soon as possible, to avoid further economic harm caused by lost rent and other expenses.
Evictions can become more complicated if a tenant files for bankruptcy. While typically, bankruptcy actions impose an automatic stay on any legal action against the debtor, there are measures landlords can take to protect their interests even if their tenant has filed for bankruptcy. In some cases, the landlord may be able to successfully petition the court to lift the automatic stay so that they can proceed with the eviction process. Additionally, in some bankruptcy actions, the rent owed by the tenant can be restructured as long-term debt.
Meet with a Skilled Atlanta Business Disputes Attorney
Disagreements with tenants can negatively impact a landlord’s bottom line, especially if they result in protected litigation. If you are a landlord faced with a tenant dispute, it is crucial to retain an aggressive attorney who will fight tirelessly on your behalf. The skilled Atlanta attorneys of Poole Huffman understand how important it is for landlords to resolve disagreements with tenants in an efficient manner, and if we represent you, we will work tirelessly to help you pursue your desired outcome. We frequently handle landlord representation matters in metro Atlanta, Decatur, and throughout Georgia. We also represent parties in business and real estate matters in cities throughout DeKalb, Cobb, Fulton, and Gwinnett Counties. You can contact us through our online form or at 404-373-4008 to set up a confidential and free meeting.
Get in Touch
Call Us Today 404-373-4008