In this appeal, we affirm the judgment entered in favor of Arlene G. Peck in her suit against her tenant and its guarantor. The relevant facts follow. On July 30, 1993, Peck entered into a commercial lease with Eurocar, Limited, whereby Eurocar agreed to lease 4,560 square feet of office space at 6518 Roswell Road in Atlanta . The monthly rent was $5,320 as of the date the lease expired, January 31, 1999. The lease also gave Eurocar the option to renew for two additional five-year terms, provided that Eurocar was not in default and that the parties mutually agreed upon the new rental amount. The option provision further stipulated that, if no agreement could be reached, and Eurocar remained in possession of the premises after January 31, 1999, then Eurocar would be a tenant at will and the rent would increase to 150 of the rent in effect at that time, which was $5,320. Upon termination of the lease, Eurocar was required to surrender the premises to Peck “in the same condition as at commencement of term, normal wear and tear only excepted.” Finally, Eurocar was obligated to reimburse Peck for any attorney fees incurred in enforcing Eurocar’s obligations. The lease was executed by Alfredo R. Hood, Eurocar’s president and chief executive officer, Hood also signed a guaranty of Eurocar’s obligations under the lease. On December 31, 1996, Hood sold his interest in Eurocar to his partner, Eduardo Caro.
Peck and Caro entered into renewal negotiations as the end of the lease approached but were unable to reach an agreement. Eurocar remained in possession of the premises but failed to pay rent in the amount of 150 of $5,320, or $7,980. Instead, Eurocar tendered $5,320 by check per month for February, March, April, May, June, July, August, and September 1999. Peck cashed these checks after writing “partial payment” on most of them, and she notified Caro that Eurocar owed the $2,660 monthly differential.
