Landlord / Tenant Disputes
Of Note
Bloom Sugarman Everett handles all commercial dispossessory actions for two of Atlanta’s largest and most respected property managers.
Lead Attorneys: Stephanie A. Everett
Landlords and tenants in commercial leases are not always matches made in heaven. Over the years, we have gained considerable skill and experience for lease negotiation and modification representing property owners, managers and commercial tenants. With vast knowledge of Georgia’s landlord-tenant laws, our attorneys recognize the challenges you face and provide practical advice and, if necessary, aggressive representation, Our litigators have handled a variety of lease disputes involving properties in office, industrial, retail, residential and undeveloped land.
We have represented both landlords and tenants during dispossessory actions and in litigation over every lease term imaginable including renewal, exclusivity, rent escalation, wear and tear, build out recoupment, environmental covenants, and holdover. Additionally, we have experience in outdoor signage and issues involving cell towers.
Recent Wins:
- Landlord Awarded Writ of Possession, Past Due Rent, Attorney’s Fees
AMB Property, L.P. et. al. v. MTS, Inc. d/b/a Tower Records, 551 S.E.2d 102 (Ga. App. 2001), represented the landlord in a dispute over the renewal rate stated in the lease. The tenant argued that although the lease’s renewal provision was unenforceably vague and indefinite, the Court should excise the indefinite language and force the landlord to accept the base rent for the last year of the original term as the rent under the renewed lease. The Georgia Court of Appeals agreed with the landlord’s interpretation of the lease and held that the renewal provision was an integral part of the lease that could not be excised. As a result, the Court of Appeals held that the landlord was entitled to a writ of possession, an award of past due “holdover” rent, and attorneys’ fees.
Publications:
- Planning for the worst while drafting commercial leases, by Simon H. Bloom and Stephanie Everett, presented at the National Business Institute Seminar: Drafting Commercial Real Estate Leases: The Ins and Outs of Protecting Your Interest, August 16, 2007, Atlanta, Georgia
- Your Tenant Has Left the Building, by Stephanie Everett, presented at the National Business Institute Seminar: Protecting Residential Landlords from Civil Liability, July 12, 2007, Atlanta, Georgia
- Know What Defenses a Tenant Has, by Simon H. Bloom and Stephanie Everett, December 6, 2005, Atlanta, Georgia