Articles Posted in Commercial Leases

The Case of Failed Business in Buckhead and What It Says About the Law of Rental Property ‘surrender’ in Georgia
Poole Huffman, LLC

When you, as a landlord, ink a lease with a commercial tenant, you obviously hope the tenant’s business succeeds. Sometimes, though, that doesn’t happen. Failure happened a lot during the height of the COVID-19 pandemic in 2020. When your tenant gives up on their business and abandons the property they leased, you, as the landlord,…

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Georgia Landlord-Tenant Disputes and How Your Tenant’s Non-Compliance With the Pre-Trial Discovery Process May Indirectly Help Your Case
Poole Huffman, LLC

The effect of a judge finding a party in contempt of court can be very different depending on the circumstances. If the party in question is a deadbeat parent who hasn’t paid their child support, the result may be jail time. On the other hand, if the party in question is your commercial tenant who…

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Dealing With Commercial Tenants Who Hold Over in Georgia
Poole Huffman, LLC

There are various circumstances under which a commercial tenant might continue to occupy a space after their lease term expired. There are also various circumstances where a landlord may decide it needs to eject that holding-over tenant. Landlords should take caution to be certain that their efforts to remove a holding-over tenant are fully compliant…

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The Impact on Your Georgia Commercial Lease of Making (or Allowing) a Late Rent Payment, a Partial Payment, or No Payment
Poole Huffman, LLC

When a commercial tenant feels that it cannot timely pay its full rent obligation, this potentially creates issues for both the tenant and the landlord. A landlord can begin taking action or can allow the tenant to pay late and/or pay less than the full rent. Both landlords and tenants need to know that, when…

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Commercial Leases, Attorneys’ Fees Provisions, and Breach of Lease Cases in Georgia
Poole Huffman, LLC

When you have a commercial tenant who breaches its lease by improperly failing to make a repair, you’ve suffered financial harm in multiple ways. If you had to make the repair yourself, then you’ve suffered damages related to the cost of that repair. If the tenant’s failure to repair prevented you from leasing the space…

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When the Law Says a Tenant Is — and Isn’t — Excused From Performing Under the Terms of a Georgia Commercial Lease
Poole Huffman, LLC

There are many things that a commercial tenant must consider once it signs a lease. One thing most tenants (or landlords) hope not to have to contemplate is what to do if a legal roadblock prevents the operation of the tenant’s business. In these situations, it is important to understand the circumstances under which the…

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What the Legal Rule of ‘res Judicata’ Means and How It Can Help You Win Your Georgia Commercial Litigation Action
Poole Huffman, LLC

Whenever you pursue a commercial litigation action, you’ll need to make several choices. It is important to make your decisions carefully because there are legal rules that prevent you from taking more than “one crack” at pursuing certain requests for relief. That’s because of the legal rule of res judicata, and it is just one…

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How a Georgia Landlord Successfully Stopped a Tenant’s Attempt to Block Zoning Changes Sought by the Landlord
Poole Huffman, LLC

Legal matters can sometimes be like doing a construction job or a home renovation task. Achieving a successful result isn’t just about selecting a goal that you can achieve, but also about making sure that you are using the right tool to get the job completed correctly. In any commercial leasing situation, your lease agreement…

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What to Do When Your Georgia Commercial Tenant Breaches the Lease by Burning Your Building Down (or Otherwise Causing Massive Damage)
Poole Huffman, LLC

As a commercial landlord, you know that sometimes you may have problems with a tenant. The tenant may fail to pay rent on time occasionally or sometimes may fail to keep up the premises as required by the lease. You probably don’t anticipate your tenant making an error that burns the building down but, sometimes,…

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