In this breach of contract action, Radha Krishna, Inc. “RK” sued Nimish K. Desai and his business Vaikunth, Inc. collectively “Desai” for failure to pay operating costs allegedly owed pursuant to a commercial lease agreement. RK appeals the partial grant of summary judgment to Desai, contending that the trial court erred in ruling that Desai’s status as a tenant at will barred RK’s claims for operating costs for the period of time that Desai occupied the property after the lease expired, and in ruling that the statute of limitations barred RK’s claims for operating costs incurred prior to June 20, 2001. For the reasons set forth below, we reverse. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c; Britt v. Kelly & Picerne, Inc. 1 “On appeal from the grant or denial of a motion for summary judgment, we review the evidence de novo, and all reasonable conclusions and inferences drawn from the evidence are construed in the light most favorable to the nonmovant.” Punctuation omitted. McCall v. Couture .2
So viewed, the record shows that on July 2, 1999, RK and Desai executed a 60-month commercial lease agreement, in which RK leased property in a shopping center to Desai for Desai’s dry cleaning business. Desai moved his business onto the property in November 1999, after construction on the property was completed, and opened it a few months later. Under the terms of the lease, Desai owed “Minimum Rent” in the amount of $1,250 per month for the first year and in the amount of $1,550 per month for years 2 through 5. In addition, paragraph 3.5 of the lease, which was titled “Operating Costs,” provided: Tenants shall pay to Landlord along with its monthly installment of Minimum Rent, as Additional Rent, Tenant’s Proportionate Share of all costs incurred by Landlord in maintaining, lighting, repairing, replacing, operating, cleaning, painting, landscaping, securing, managing, and insuring the portions of the Shopping Center which are the responsibility of Landlord hereunder collectively, the “Operating Costs”. By way of illustration, but not limitation, Operating Costs shall include payments of . . . real estate taxes and assessments associated with the Shopping Center. . . . Tenant’s monthly payments of Operating Costs shall be based on estimates calculated by Landlord and such estimates shall be adjusted necessary as determined by Landlord. Tenant shall receive an annual reconciliation for each component of Tenant’s Proportionate Share of Operating Costs. Emphasis supplied.
