Landlord & Tenant Law concerns renting and leasing property and the rights of both the owner and the renter or lessee.
Landlord Tenant law covers a range of areas, including contracts and property. Even criminal law becomes relevant in cases alleging trespass. However, different property owners face varying issues, depending upon the type of property they lease. Before selecting a lease, a landlord or a tenant should consult with an attorney who regularly handles landlord and tenant matters. A written lease helps landlords and tenants prevent disputes by outlining who is responsible for what expenses in advance.
A commercial lease is a detailed written agreement for the rental by a tenant of commercial property owned by the landlord. Commercial property differs from residential property in that the property’s primary or only use is commercial (business oriented), rather than serving as a residence. Commercial leases are often more complex than residential leases, have longer lease terms, and may provide for the rental price to be tied to the tenant business’s profitability or other factors, rather than a uniform monthly payment, among many other legal issues.
A residential lease is a contract between the landlord and the tenant for residential occupancy. The lease sets forth the rights and responsibilities of both the landlord and the tenant. The lease allows the tenant to occupy and use, for a specific period of time, the leased premises. In return, the tenant generally pays a specified rent. The lease may set forth other duties and responsibilities of the landlord and tenant. Once the parties sign the lease, both are bound by its terms.
An “eviction” is a legal proceeding by which the landlord seeks to reclaim the premises (apartment or home) and put the tenant out, such that the Landlord retake physical and legal possession of the leased property. If you are a landlord, you should find out the legal grounds for evicting a tenant (such as nonpayment of rent or a violation of some other lease term or condition) as well as the proper notification requirements. The eviction rules in Georgia are very specific and strictly construed by the Courts. A tenant can receive compensation for costs paid, damages and a full refund of a security deposit if the Landlord does not follow that Georgia laws exactly in the eviction process, leading to potential unlawful eviction claims. If you are a tenant, you need to know how you can defend yourself against a wrongful eviction. To protect yourself, read your lease and consult an attorney with experience in residential leasing.