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Wright v. IC Enters. Inc.

The lease amendment was enforceable, as it identified the parties, described the property, listed the rental price and stated the lease term.

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This is a landlord-tenant dispute concerning two commercial properties in Doraville. On motions for summary judgment, the trial court ruled that the lease governing one of the properties was so riddled with errors as to be unenforceable, that undisputed facts showed that the landlord breached a post-lease agreement to improve that property for the tenant’s benefit, that the tenant was not liable for any rent or fees associated with either property, and that the landlord was not entitled to retain the tenant’s security deposits. Because these rulings were erroneous, we reverse.

In reviewing a trial court’s ruling on a motion for summary judgment, we conduct a de novo review to determine whether the undisputed facts warrant judgment as a matter of law. OCGA § 9-11-56; Vick v. Tower Place, L. P., 268 Ga. App. 108 601 SE2d 348 2004. “The opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions arising therefrom most favorably toward the party opposing the motion.” Eckerd Corp. v. Alterman Properties, Ltd., 264 Ga. App. 72, 74 589 SE2d 660 2003 footnote omitted.

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