Balfour Beatty Communities Lease Agreement
Damage is usually the financial damage that can be caused to a lessor for this early termination. Many leases also contain early termination clauses and provisions covering early termination procedures for the lease, often with some sort of penalty provision or liquidation clause to estimate the amount of money a party would suffer for this early termination. Balfour Beatty had to meet maintenance standards. If a director takes full control of the premises, the administrator is subject to the same obligations as a lessor. See O`Connell v. Cora Lit Thomas Realty, Inc., 254 Ga. App. 311, 313 (2002); Total Equity Mgmt. Corp. v.
Demps, 191 Ga. App. Here, the complainant signed a lease with Fort Gordon Housing, LLC. Balfour Beatty managed the property, and there is evidence that Balfour Beatty took full control and responsibility for the management of the Sackmans` home. (See Hignite Dep. at 32-37; Decl Cohn. The Court therefore concludes that the applicable standard of care is that of a lessor. As stated by infra, the Tribunal excludes the evidence of the applicant`s expert as unreliable and is not helpful in the development of the facts. Therefore, the applicant cannot rely on the expert`s advice to establish the standard of care. In addition, the applicant did not present a authority to demonstrate that a standard of care can be created by public representations. In addition, the Tribunal rejects the applicant`s other standards of care (general standard and landowner standard), since the owner`s standard is directly applicable in this case.
According to O.C.G.A. 5131, a lessor has an obligation to exercise ordinary care in order to avoid injury to guests and tenants, but this obligation to “keep safe portions of rental spaces designated as common spaces in which the landlord has reserved a qualified property right does not extend to the rented areas of the premises over which the tenant has exclusive ownership and control.” Gale v. N. Meadow Assocs. Joint Venture, 219 Ga. App. 801, 80203 (1995). There were no “common areas” on the site. The whole house, including the allegedly defective locks and fence, was rented to the Sackmans. And the lake did not belong to Balfour Beatty. Therefore, only the owner`s standard of care (O.C.G.A. no.
44714) applies. See Plott v. Cloer, 219 Ga. 130, 131 (1995) ([W]here, as here, the landlord has completely separated himself from the property by rent or rent, his debts are measured by (O.C.G.A. 44714) (O.C.G.A. 5131) Demarest v.