Whether you are a business owner looking to purchase or lease real estate, or you have a dispute with an individual or organization regarding a commercial property, you need a qualified Atlanta commercial real estate lawyer by your side.
The real estate attorneys at Williams Teusink have years of experience assisting clients with all types of commercial real estate matters. They are also experienced in the areas of residential and commercial leasing, landlord tenant law, real estate contract drafting and litigation, foreclosures, and more.
Lease Default Litigation
When you sign a lease, it’s important that you understand what you are signing and that you know what your rights are when it comes to paying the rent. An Atlanta Commercial Real Estate Lawyer can help you negotiate, create, and execute a lease that is right for you.
Most commercial leases have a default clause that states that the tenant will be in default if they fail to pay their rent on time. Typically, the default clause gives the tenant a ten day period to cure the default.
Despite the fact that this cure period is typically too short to effectively cure the default, landlords often proceed with a summary proceeding in Landlord-Tenant Court and attempt to evict the tenant as soon as the cure period ends.
As a result, a defaulting commercial tenant has the option of procedurally stalling a summary proceeding and/or of avoiding summary proceedings altogether by seeking equitable relief, such as an injunction to prevent the expiration of the time to cure. A tenant can also seek to start a lawsuit in the Supreme Court – a court with broader jurisdiction than that of a Landlord-Tenant Court – and ask the Supreme Court to enjoin the expiration of the time to cure.
A dispossessory hearing is a court proceeding that your landlord may file when you fail to pay rent or violate the terms of your lease. If you don’t win, your landlord can evict you from the property.
The process for a dispossessory case is complicated, and every eviction must be handled differently, depending on the tenant’s lease. However, there are steps you can take to minimize the time and expenses involved in eviction proceedings.
An Atlanta Commercial Real Estate Lawyer can help you make sure your eviction proceedings are handled properly. An attorney can review your lease, discuss the local rental laws and eviction processes, and ensure that all legal requirements are met before your case even goes to trial.
Our attorneys represent landlords and tenants throughout Georgia in dispossessory hearings, eviction cases, lease default litigation and bankruptcy proceedings. We have over 24 years of experience in real estate, business law, commercial law, corporate law, leasing and telecommunications law.
Commercial property evictions are often necessary in situations where a landlord is not meeting his or her obligations under the terms of the lease. In addition, a commercial tenant can be evicted for breaking the terms of their lease or for having illegal activity in the premises.
The process of eviction requires a lot of legal work, so it’s important to have an experienced Atlanta commercial real estate lawyer handling your case. Contact us today to schedule an initial consultation and learn how we can help you.
Evictions usually involve two stages: the filing of an eviction complaint and service of the eviction summons to the tenant. This can be done by mail or in person at the courthouse.
Usually, the tenant must respond to the eviction complaint within 7 days. If they do not file a response or fail to appear at the hearing date, then they have defaulted and the court may award you a default judgment against them. This can result in the payment of back rent, possession of the property, and possibly court costs and attorney’s fees.
Representation in Bankruptcy
The bankruptcy process can be complex for both debtors and creditors. As a result, it is important to hire an Atlanta Commercial Real Estate Lawyer who is familiar with the laws and procedures governing bankruptcy.
Creditors can benefit from representation in a variety of bankruptcy proceedings, including classifying claims and lifting the automatic stay, objecting to discharge, preserving and enforcing lien rights, protecting cash collateral, defending executory contracts and leases, and enforcing post-petition administrative rent.
We also have significant experience in representing creditors in adversary litigation brought under SS 547 of the Bankruptcy Code for preferential payments. Using substantial experience in restructuring situations, we have successfully litigated and settled these adversary lawsuits for our clients.