Whenever a lease comes to an end, the pressing question for most tenants is, “will I get my deposit back?” The answer depends on your state’s laws and the condition of the property at the end of the lease. In Georgia, where we practice, the laws governing security deposits apply only to landlords who own […]Continue Reading... Comments Off on 3 Things Tenants Should Know About Safety Deposit Returns
If you are a landlord, you realize that despite your best efforts, sometimes you can end up in a heated dispute with your tenant(s). When this happens, it’s easy for tempers to rise and conflicts to escalate. To make matters worse, you could find yourself embroiled in litigation—never a pleasant thing. Here are 3 strategies […]Continue Reading... Comments Off on 3 Strategies For Working Out a Dispute With Your Tenant Without Losing
When landlords screen applicants, there are certain questions they are prohibited from asking. At the same time, a landlord has considerable discretion to establish and enforce standards for tenants when examining applications to select the most favorable tenants. Landlords should know and understand these rules in order to comply with law while also finding tenants […]Continue Reading... Comments Off on The Dos and Don’ts of Landlord Applications
The lease sets forth the important terms of the relationship between the landlord and tenant, including how and when the rent is to be paid. Georgia statutes also contain certain rules pertaining to rental payments. The following describes the rent provisions that are governed by the parties through lease and those that are mandated by […]Continue Reading... Comments Off on The Rules on Rental Payments in Georgia
A commercial landlord has several options when a tenant defaults on his lease obligations. Most commercial tenant defaults occur when the tenant fails to pay rent. Once the tenant has not satisfied his rental obligation, the landlord has three options: (i) initiate dispossessory proceedings, (ii) distrain for rent, or (iii) bring an action for rent. […]Continue Reading... Comments Off on Options for a Commercial Landlord when a Tenant Defaults
Lease terms for most residential leases typically expire after one year. Once the lease expires, both the tenant and landlord have certain obligations and rights, which are set forth in state laws. It is critical for both parties to understand the legal results of a lease expiration so they can explore their alternatives. After the […]Continue Reading... Comments Off on Landlord’s and Tenant’s Rights and Responsibilities Upon Expiration of a Lease
In most standard leases, the security deposit covers damages to the unit that exceed normal wear and tear. In Georgia, the law states that “a landlord cannot retain a security deposit to cover normal wear and tear that occurs as a result of the tenant using the property for its intended purpose.” Understanding what is […]Continue Reading... Comments Off on What is “Normal Wear and Tear” in a Rental Property?
If you own and rent property, then dealing with a defaulting tenant may be an unfortunate aspect of being a landlord. For both the tenant and the landlord, the eviction process can be difficult, disruptive and expensive. Thus, it is advantageous to consider whether there are options other than eviction when a tenant violates his […]Continue Reading... Comments Off on Are There Alternatives to Evicting a Tenant?
Commercial leases are complex legal and financial documents with specific provisions that differ from residential leases. Because commercial real estate transactions are generally not bound by state laws, the parties to a commercial lease may negotiate their own terms and conditions in their agreement. Below are some of the major factors to review in commercial […]Continue Reading... Comments Off on Unique Concerns for Commercial Real Estate Lessees
When a landlord is in default on his mortgage, the tenants are often faced with a number of questions. They may be uncertain about who is the rightful recipient of the rent money and whether eviction is imminent. Tenants may also not know who to contact for maintenance or other issues on the property and […]Continue Reading... Comments Off on Steps Tenants Should Take When Landlord is in Default