Lease disputes often arise between landlords and tenants due to financial issues or breach of terms. The most common problems include: non-payment of rent, property damage, early termination, and unlawful eviction. Recent legislative changes in Georgia (limiting police eviction without a court order) have significantly increased the need for legal intervention. Landlords can no longer easily evict non-paying tenants, creating a risk of property being occupied without income. On the other hand, tenants need protection if the landlord unjustifiably raises the rent or breaches the contract.
Lease dispute resolution involves both negotiation (mediation) and litigation. The goal is to resolve the conflict quickly to minimize financial loss. Legal.ge gives you access to lawyers who will help accelerate the eviction process, recover debts, or protect your rights as a tenant.
What Does Lease Dispute Resolution Service Cover?
This service covers all conflicts arising from lease relationships:
- Eviction Litigation: Filing a lawsuit to reclaim possession of the property (eviction) from an unlawful occupant.
- Rent Arrears Recovery: Legal collection of unpaid rent and penalties.
- Right of Retention (Lien): Exercising the landlord's right to retain the tenant's items (e.g., inventory) until the debt is paid.
- Deposit Return: Protecting the tenant if the landlord unjustifiably withholds the security deposit.
- Damages Claims: Claiming compensation for property damage or wear and tear beyond normal use.
- Negotiation: Resolving disputes out of court through debt restructuring or voluntary vacating of the premises.
Common Real-World Scenarios
Lease disputes typically unfold as follows:
The first scenario is "Squatting Tenant." The tenant stopped paying rent but won't leave. The landlord cannot forcefully eject them or change locks (this can be considered vigilantism). A court eviction order is required.
The second case is "Property Damage." The tenant left, but the office is destroyed (damaged walls, broken furniture). The landlord keeps the deposit, and the tenant sues. Expertise determines the damage.
The third scenario is "Illegal Entry." The landlord changed the locks while the tenant was away and won't let them retrieve personal items/goods. This violates tenant rights and requires police and lawyer involvement.
The fourth situation is "Force Majeure." The tenant requests rent forgiveness due to a pandemic or crisis. The landlord refuses. The court must determine if this qualifies as force majeure.
Georgian Legal Framework and Regulations
Dispute resolution is based on:
- Civil Code: Rules for lease termination, cancellation, and return of property.
- Civil Procedure Code: Court procedures for eviction and reclaiming property.
- Law on Police: Defines police authority (or lack thereof) in the eviction process.
Process and Stages
If the tenant doesn't pay, the lawyer sends an official notice of contract termination. If the premises are not vacated, a lawsuit is filed. The court process can take several months. After the decision, the case goes to the Enforcement Bureau, which carries out the forced eviction. In parallel, the tenant's bank accounts may be frozen to secure the debt.
Why Legal.ge?
Idle real estate is a loss. On Legal.ge, you will find lawyers who know how to manage the eviction and debt recovery process as effectively and legally as possible.
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