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Case Notes

By ssalkin
July 01, 2019

Option to Buy Is Exercised, and 'Tenant' Is No Longer a Tenant

A Georgia appeals court has upheld a trial court's decision to compel a commercial property owner to convey its previously-rented premises to the former tenant — later purchaser in possession — in accordance with the lease's purchase option, despite the fact that no money changed hands before the end of the option term. Siarah Atlanta Hwy, LLC v. New Era Ventures, LLC, 2019 Ga. App. LEXIS 238 (Ga. App. 5th Div. 5/1/2019).

Commercial landlord Siarah Atlanta Hwy, LLC leased a portion of its commercial property in Forsyth County, GA, to New Era Ventures, LLC, on May 1, 2015. The initial term of the lease was for 10 years, but the landlord retained the right to terminate the lease “for any reason whatsoever, by providing [New Era] with thirty (30) days written notice.”

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