Landlord
Laws relating to residential and commercial tenancies in Georgia are dynamic. Residential landlords have liability exposure for making improper legal conclusions of abandonment of property, failure to make repairs, unlawful withholding of security deposits and wrongful evictions. An updated lease and a paper trail in dealing with a problem tenant will save time and money, since most issues can be resolved in the context of a dispossessory trial in Magistrate or State Court. In the commercial context, the parties are presumed to be advised by counsel and are held to a higher standard of sophistication, even when harsher terms apply. It is critical that a commercial property owner is advised regarding all remedies and scenarios that apply if a tenant fails to keep their end of the bargain. Provisions such as acceleration and liquidated damages assist a commercial landlord with leverage to confirm that a tenant keeps their obligations.
Tenant
Tenants are responsible for the obligations in a lease. Tenants often fail to read and understand the lease and may find themselves in a position of uncertainty regarding their obligations, financial and otherwise, pertaining to their rental property. As a result, the Georgia legislature has provided tenants with certain remedies, such as treble or "three times" the damages for a landlord's failure to comply with Georgia law.
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