Termination Of Commercial Lease Letter
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Voluntary Surrender By Tenant • Abandonment Calamities: The Tenant Has Moved Out – What About The Property Left Behind • Self-Help Considerations • Who’s To Clean Up The Toxic Waste Left By The Tenants • Bankruptcy Considerations For The Landlord/Tenant Relationship 111 SELECT ISSUES IN TERMINATING COMMERCIAL LEASES by A.. 325, 326 (1978), a landlord sent its tenant four notices of default, stating that a failure to cure within ten days “would result in termination.” The Court of Appeals held that a subsequent dispossessory was unlawful because the letters “did not serve to terminate the lease…but at most could be read to evidence an intent that the lease by terminated at the expiration of ten days,” and therefore the subsequent demand for possession was premature and ineffective.. In Rucker, the lease stated: Landlord, as Tenant s agent, without terminating this lease may enter upon and rent the premises, in whole or in part, at the best price obtainable by reasonable effort, without advertisement and by private negotiations and for any term landlord deems proper, with Tenant being liable to Landlord for the deficiency, if any, between Tenant s rent hereunder and the price obtained by Landlord on reletting provided, however, that Landlord shall not be considered to be under any duty by reason of this provision to take any action to mitigate damages by reason of Tenant s default.. Instead, the Rucker case was filed by the former tenant against the landlord, asserting claims for “wrongful eviction, trespass, 116 breach of implied covenant of quiet enjoyment of the premises, breach of lease agreement, breach of an alleged oral contract to accept late payment of rent, and conversion of personal property.” 212 Ga..
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