Legal Question in Landlord & Tenant Law in Georgia

I am a tenant in a strip mall - just recently my original landlord lost the property thru foreclosure and now there is a new owner. The new owner took over 3-1-11.

There had been no outside maintenance for at least 9 months until yesterday when the grounds were

mowed, trimmed and pine straw put out. The parking lot is in terrible shape, the dumpster is overflowing and has been for weeks with trash on the ground.

My business is a dry cleaners and my clients drive around the building and go by the dumpster. There are also discarded grocery carts in the roadway that my customers must avoid.

To say the least I have had customer complaints and I am sure I have lost business.

Does the foreclosure benefit me in any way?

What is my recourse when the landlord does not take care of the grounds? I pay over $ 300 monthly in a CAM free?

Thanks


Asked on 5/31/11, 7:41 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It is going to depend on the terms of the lease, but most likely you would have a claim against the landlord for failure to maintain the common property. I would need to know more facts and review the lease to determine if you have grounds for termination the lease without penalty.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 5/31/11, 12:17 pm


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