All Forum Posts by: Matthew Anderson

"Where the lease identifies an amount that must be paid if the lease is terminated before it expires, a tenant can generally be charged that amount. If the parties to the lease agree what the damages for early termination will be, the damages are said to be liquidated. Such lease terms will be enforced if the damage caused by the termination is difficult to estimate and the agreed amount is a reasonable estimate of the landlord’s loss and the expenses caused by the termination. The early termination fee should not be so high that it penalty for terminating. In the alternative, some leases may not allow for an early termination and may require the tenant to pay the rent for the months that remain under the terminated lease." Georgia Landlord Tenant Handbook pp. 25-26. http://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf A local lawyer who deals with evictions should be able to answer and questions like this with minimal effort.

I am going through the same dilemma with trying to break into the Nashville short-term rental market. Also, you are potentially going to run into issues with metro regarding permits for a Nashville non owner- occupied str.

Read through the specific landlord tenant laws for Georgia (if that's where the property is located) to determine Georgia's laws with regard to tenant breach remedies. Otherwise, you need to speak to a local attorney who specializes in these matters.

Adverse possession would be unlikely to apply here (if I'm understanding the facts correctly) due to the fact that it does not appear that the use was hostile with the previous owners - they agreed to allow the fence, and considering it sounds like this fence was only recently put up again while you owned the property.  Adverse possession usually takes many years 15-30 depending on the state.  

 @Dewain J. while I see the logic in your position, and you very well may be correct in your assessment of your rights under the circumstances, I would still think it wise to consult with a local attorney. 

Your understanding of the prior neighbors' agreement only complicates the situation at hand.  You and your future lawyer may need to deal with the legal principles of easements and/or covenants in order to determine your rights and risks with regard to unilaterally removing the fence. 

You do not want to be in a lawsuit if you can help it; I can tell you that for sure.

Yeah this is an issue you need to work through with a local lawyer experienced In these matters unless you can come to an agreement to your satisfaction without having to pay for an attorney.

Contact a local attorney experienced in business/real estate litigation. It sounds like you may have a claim for intentional interference with a business contract and you and/or the seller may have claims for fraud and/or negligent misrepresentation, among other possible claims.

I have a securities attorney friend in Charlotte who may be if services to you.

You guys look too old to be arguing on the internet... :)

Have you gotten specific reasons for this? In a JTWROS the deceased owner’s share automatically vests by operation of law in the surviving joint owner – regardless of what the deceased owner’s will or other estate planning documents say. However, you may need to clear up the inheritance tax or there may be other issues that require you to undergo other legal proceedings in order to place the property in the survivor's name. Also, you may have issues with regard to the deed. The language needs to be precise. Alternatively, this may just be a way for them to cover their own tails - lawyers tend to be very conservative about these kinds of things. Feel free to pm me.