A landlord-tenant contract dispute involves an alleged grievance between a landlord and a tenant. If the landlord has an issue, it is usually that rent is not getting paid on time or in the right amount. A dispute could also arise if the tenants are being too loud or damaging the property. If the tenant has an issue, it is usually a problem with the habitability of the space, such as broken HVAC system or mold.
Landlord-tenant disagreements can be particularly complicated. There are many laws to keep tenants safe and ensure that landlords are properly paid, so it can be complex to determine which statutes apply in each situation. As such, it is crucial for those involved in this type of dispute to contact an experienced attorney at Sparks Law. Our lawyers are well-versed in landlord-tenant contract disputes in Georgia and could advise you in your case.
Residential real estate law pertains to where people live and sleep at night. The laws that protect families, kids, and their health and safety are not there to protect businesses and places of work. The laws for commercial buildings are more favorable to landlords than those for residential properties, which provide greater protections to tenants.
For instance, the laws in residential real estate typically do not allow landlords to kick out the tenant without any notice, even if the tenant is in breach or in default of the lease agreements. However, if a commercial tenant fails to pay rent, the landlord is likely able to kick them out with zero notice, even if they are only one day over the grace period specified in the lease.
The courts treat places of work differently than places of residence. Different states have different laws for residential contracts, so it is crucial to consult a knowledgeable Georgia attorney for any landlord-tenant disputes.
Commercial real estate laws concern buildings where people work. A commercial lease between a business and a landlord will have a personal guarantee on it because that business is treated as a separate legal entity from the people that own the business. For instance, say that an LLC signs off on a lease that is $5,000 a month for two years, so the lease value is $120,000 over that two-year period. If they breach the lease or try to leave it, the landlord still has rights against the company for that $120,000 of unpaid rent for the remaining term.
However, the company owner could effectively dissolve the LLC, leaving the landlord out of luck because the company has no money. If the aggrieved landlord got a personal guarantee on the lease, they would be able to sue the business owners for the remaining unpaid lease amount. In this situation, help from a commercial landlord-tenant contract attorney in the area could be crucial.
The laws for commercial and residential lease disputes are specific and complex. If you are a landlord or tenant dealing with a legal issue, reach out to a dedicated attorney at Sparks Law to help protect your rights. We are experienced in handling landlord-tenant contract disputes in Georgia and could advise you on seeking a positive resolution to your case. Contact us today for a consultation.