RUCKER et al. v. WYNN., 212 Ga. App. 69

Summary

Pursuant to the terms of the commercial lease, the landlord retook possession and re-rented the premises when the tenants failed to pay the rent. The court ruled that (1) the landlord did not wrongfully evict the tenants without notice because, pursuant to Ga. Code Ann. § 44-7-50 et seq, the parties were entitled to contract away the notice requirement, (2) the trial court did not err in granting the landlord summary judgment on the tenants' claim that the landlord breached the oral agreement to accept a late payment because there was no consideration to support the agreement, (3) the landlord had a right, pursuant to the terms of the lease, to reenter the premise without seeking legal recourse, and (4) the landlord had a right, again pursuant to the lease terms, to accrued rent following the eviction.