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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10238
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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How do i file suit for nonpayment of leased office space

Customer Question

how do i file suit for nonpayment of leased office space
Submitted: 12 days ago.
Category: Business Law
Expert:  CalAttorney2 replied 11 days ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 11 days ago.

Dear Customer,

I am sorry to learn of this situation.

You have 2 options to deal with this particular problem tenant.

(1) You can simply evict them and sue them for money damages (the cost of renting the unit for the term of the lease) as part of the same suit. If you do this, I recommend retaining an attorney (commercial leases are not dealt with quite the same as residential leases, as a landlord you have more leverage but you need a lawyer to represent you if you want to take advantage of them), your lease should include a provision called an "attorney's fees clause" (or prevailing party clause - basically a term that says the party that wins a dispute to enforce the lease gets their attorney's fees from the loser).

(2) You can sue them for the money that is currently owed but do not evict them - the benefit of this approach is that it is less aggressive, you are only suing for past due rent that is currently owed, and you are not terminating the lease, the downside is that more likely than not the tenant will simply pay you the money so you will end up going through all of the steps of filing your court case, get paid, then start the same cycle all over. If you choose this option you can probably sue the tenant yourself in small claims court without needing an attorney - but again, I am not sure you will reach the goal you are looking for (for information on small claims in GA: http://consumer.georgia.gov/consumer-topics/magistrate-court)