Georgia Commercial Litigation Legal Questions

Are you sure there is nothing in the lease which accelerates the rent upon default?  It would be very surprising if there were not.  Almost all commercial leases have clauses that provide in substance that all rent under the lease shall become immediately due and owing upon any default by the tenant.  If so, your landlord can sue you for the entire amount of rent due for the full term of the lease.  If not, however, the landlord can only sue you for the rent owing to date, and must commence suit again (or amend his claims) as more rent becomes due. In some jurisdictions, commercial landlords have the obligation to mitigate damages, that is to attempt to rent out the space and reduce the amount owed by the defaulting tenant by the amount of rent received during the remaining term of the lease.  Not all jurisdictions have this rule, and I don't know what Georgia law provides. I see no defenses on the face of your email, but if you are deeply in debt you may be able to file for bankruptcy protection.  This could result in discharging your debt, and also possible tying up the proiperty for some time.  For these reasons, the landlord may be willing to settle for less rent to avoid a bankruptcy filing.... Read More