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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 33713
Experience:  15 years practicing attorney, JD, BA, MBA
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Georgia: Commercial Lease. My landlord has sent a notice of

Customer Question

Georgia: Commercial Lease. My landlord has sent a notice of default for late payment for August 2015. I told them that I would pay the rent by the 30th; they said they would only accept August rent; if I paid September as well. In addition, they have also charged us with Insurance Recovery fees which I have been paying in installments of $170 along with my rent. They want the balance paid in full along with the August rent and September rent. As of today; I have the rental payments, plus the amounts that they agreed I could pay in installment for the insurance, however, they said they will not accept the payment unless everything is paid in full.
I am only $300 short of the total. I sent them the August/September rents plus most of the past due on the Insurance Recovery fees.
My questions is...is there a way to rectify this in court if they refuse my payment and file for eviction. Will I be allowed to pay the past due rents and other fees and stay in our building or can they refuse to accept the payments and have me evicted or do they keep the money and I still get evicted.
In in the interest of full disclosure; I am typically late with the rent but never more than 20 days.
Submitted: 1 year ago.
Category: Business Law
Customer: replied 1 year ago.
To clarify: I told them that I would pay the August rent by August 30th.
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I need to ask a few questions before I comment..

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When is rent due under the lease agreement?

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Did the landlord give you a written 7 day notice to pay or vacate?

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If so, has that notice expired without full payment of the amount demanded having been paid?

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Have you been served with any summons for an eviction action in court?

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Did they accept your partial payment of the amount due?

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thanks

Barrister

Customer: replied 1 year ago.
Hi Thanks for the response:I need to ask a few questions before I comment...When is rent due under the lease agreement?.The rent is due on the 1stDid the landlord give you a written 7 day notice to pay or vacate?The letter is attached. It was sent via email.If so, has that notice expired without full payment of the amount demanded having been paid?After talking to her she gave us until September 7th to pay the full balance.Have you been served with any summons for an eviction action in court?No
.Did they accept your partial payment of the amount due?Not sure yet. Will know tomorrow. The office was closed for the holiday==============
This may become a moot point as we are going to try to pay the $300 balance in the morning.
Expert:  Barrister replied 1 year ago.

Ok, email notice doesn't count in court. It has to be a written paper copy either personally handed to you or posted on the front door of the rented property.

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So from a legal perspective, she has never properly made a demand for the rent to be paid and couldn't evict if she tried to.

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Until she gives you a written 7 day notice to pay or vacate, then the clock doesn't start..

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So legally, you can still pay the full rent at any time you want including any late fees because they haven't complied with the law regarding giving you proper notice.

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thanks

Barrister

Customer: replied 1 year ago.
Thanks for the response. I just wanted to confirm: this applies to a Georgia Commercial Lease. I understand that the rules somewhat differ from a residential lease.
Expert:  Barrister replied 1 year ago.

Yes, the procedural eviction process is the same for commercial leases as it is for residential. The only difference is that if there is a "lock out" clause in the lease, the landlord can literally lock out the tenant and retake possession immediately upon default and then evict through the courts. But with a residential lease, a landlord can't lock the tenants out upon default and have to pursue the eviction prior to regaining legal and physical possession of the property.

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But the written 7 day notice requirement still applies in either case, which the landlord has not properly complied with.

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thanks

Barrister

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