In this landlord/tenant dispute, the tenant, ValuGym, Inc.,1 appeals from the trial court’s denial of summary judgment in its favor and grant of summary judgment in favor of the landlord, PTC Properties, Inc. ValuGym argues that the trial court misconstrued certain language contained in the parties’ commercial lease agreement the “Lease” and erroneously concluded that ValuGym must pay PTC the rent that PTC claims to be owed. We agree with the trial court and affirm. A grant of summary judgment is only 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. On appeal, we conduct a de novo review of the record and view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Highwoods Realty L. P. v. Community Loans of America , 288 Ga. App. 226 653 SE2d 807 2007.
The facts of this case are undisputed. PTC is the owner of commercial property located in Peachtree City, Georgia. In January 2004, PTC leased the property to ValuGym, which intended to operate a fitness center at that location. The initial term of the Lease was ten years. ValuGym was permitted to terminate the Lease if certain delineated conditions in the Lease’s termination provision were satisfied. That provision reads as follows: Early Termination . Landlord agrees that after this lease has been in effect for twelve 12 months, Tenant may terminate this Lease prior to its expiration should Tenant decide to close the fitness center in operation at the Premises. Should Tenant desire to exercise this option, Tenant shall give Landlord ninety 90 days prior written notice. Tenant shall be responsible for payment on a monthly basis of all rental and other payment obligations under this Lease during said ninety 90 day period and for a period of twelve 12 months thereafter, unless landlord enters a new lease for the Premises with a third party and receives monthly rental equal to or greater than that to be paid by Tenant under this Lease. ValuGym eventually closed its facility and, in July 2004, ValuGym requested permission from PTC to sublease the property to the City of Peachtree City for use as a temporary library. PTC acquiesced to the sublease, provided that the City continue to comply with the terms of the Lease.
