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Dec 18, 2019

Landlords Beware: The Georgia Supreme Court Rules on Contractual Limitations Periods in Lease Agreements

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Drafters and landlords beware when drafting a contractual limitations period for legal actions in a lease that attempts to limit when both contract and tort actions can be brought by a tenant. The Georgia Supreme Court in Langley v. MP Spring Lake, LLC, No. S18G1326, 2019 WL 5301853 (Ga. Oct. 21, 2019), considered whether a provision in a lease agreement requiring “any legal action” to be brought within a year included premises liability actions and whether such a clause would be enforceable if it did. Without deciding the issue of enforceability, the Supreme Court held that the limitations provision as… Read more