Asked on Feb 25, 2013

Need some Legal advice

360 Sod (Donna Dixson)Kevin M. Veler, Law Office of


I have a 12 month lease for a commercial property where I have my business currently. The terms of the lease were for the landlord to provide functional HVAC. Repeated pleas for this work to be done went mostly unanswered. At one point after a heat wave here the owner of the buildings father came and installed a condensing unit that minimally was efficient for the large space.

Winter has come and nearly gone and the heating component never worked.

I just received notice that the owner of the building is in default of his note with the bank and the bank is now exercising it's right to collect rents from the tenants. My lease expires at the end of this month and I am not 100% sure, but I believe that the lease terms state that after the 12 months are up if a longer term lease is not renegotiated, that the lease reverts to a month to month contract.

My concern is that with the owner not in the picture and the bank now taking over, do they also assume the responsibility of providing for the terms of the lease agreement? What legal stand do I have to get this building the heat and air it requires to be functional?
I do not want to have to leave as I have invested a great deal of time and money in getting the space as I want it.

I wanted to try to have a better understanding of my rights under the laws in Georgia pertaining to issues like this before I made contact with the bank and/or it's agent to discuss it further.

TIme is of the essence as there are literally only a few days before the lease I have that stipulates the terms that the owner agreed on regaring the Heating and AIr expire? or does it expire? and who will be responsible for completing this work?

I really only am asking anyone out there who is an attorney or who has legal experience to weigh in on this please because I don't have time to do any extensive research on the matter. or if you know of where I can get legal advice that would also be helpful.
2 answers
  • You are asking a specific legal question regarding your lease. It really does take a quick review of the lease to determine what the renewal provisions are and if there is an attornment clause. You are welcome to give me a call tomorrow morning 770.752.0990 and we'll see if I can help you.

  • 360 Sod (Donna Dixson)
    on Feb 26, 2013

    I highly recommend Kevin as the go to guy for lawyering. He is a great, upstanding asset to the community.

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