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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 23504
Experience:  14 years practicing attorney, MBA
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I lease a daycare for 5 year and now I change the lease from

Resolved Question:

I lease a daycare for 5 year and now I change the lease from my name to a close friend and now the owner who lease me the business refused to take payment,he stated he want the daycareback and the remain of the lease payment he has a lawyer who don't have his phone working its disconnected
Submitted: 10 months ago.
Category: Business Law
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Are you saying that you have subleased the building and business to a friend?
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If so, does the lease have any restrictions on subleasing or transferring the lease?
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Did the owner agree to allow the other person to take over the lease?
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Are you late on the rent currently or did you attempt to pay it on time?
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Thanks
Barrister
Customer: replied 10 months ago.

I am late on 2 payment and the owner didn't agree,because he know me and the other person was in this business together when I lease the property at the beginning

Expert:  Barrister replied 10 months ago.
Ok, does the lease state what happens in the event of a default?
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Does it give the landlord the right to immediately retake possession of the property?
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Thanks
Barrister
Customer: replied 10 months ago.

lease does stated that his attorney send me a letter stated I am in default call me I have tred to reach his attorney but his phone is disconnect and his fax does work

Expert:  Barrister replied 10 months ago.
Ok, from a purely legal perspective, if a tenant defaults on a lease contract by not paying rent, the landlord can declare the tenant in breach and the contract in default.
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However under GA Code 44-7-52 it states that if the landlord files a dispossesory summons (eviction) action in court, the tenant has the right to pay all the rent due within 7 days plus any costs of filing the court action.
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Georgia Code
44-7-52. When tender of payment by tenant serves as complete defense


(a) Except as provided in subsection (c) of this Code section, in an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summons pursuant to Code Section 44-7-51, all rents allegedly owed plus the cost of the dispossessory warrant. Such a tender shall be a complete defense to the action; provided, however, that a landlord is required to accept such a tender from any individual tenant after the issuance of a dispossessory summons only once in any 12 month period.
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However, the problem here is that in a commercial lease, paying all the rent and costs won't necessarily stop any eviction action but can come into play in determining damages.
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(c) For a tenant who is not a tenant under a residential rental agreement as defined in Code Section 44-7-30, tender and acceptance of less than all rents allegedly owed plus the cost of the dispossessory warrant shall not be a bar nor a defense to an action brought under Code Section 44-7-50 but shall, upon proof of same, be considered by the trial court when awarding damages.
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So I hate to say it, but if you defaulted on the lease by failing to pay rent on time, the landlord would be able to evict you and retake possession of the property and sue for damages.
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At this point, your recourse would be to try to convince the landlord to agree to let you cure the breach by paying anything due to continue the lease.
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

.
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Thanks
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 23504
Experience: 14 years practicing attorney, MBA
Barrister and 9 other Business Law Specialists are ready to help you

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