Meek v. Mallory & Evans, Inc.
2012 Ga. App. LEXIS 927
Ga. Ct. App.2012Background
- Meek signed a one-year lease Aug 17, 2007–Aug 16, 2008, with two automatic one-year extensions if notice given one month before expiration; second-year rent was $1,900.
- Security deposit was $2,000: $1,000 paid by check and $1,000 via Meek’s property work; only $1,000 was refundable at end.
- If Meek held over after expiration, rent would be 1.5 times the last month’s rent.
- Meek did not request an extension for year 2, continued paying $1,700/month, and moved out mid-June 2009.
- Landlord sued for breach; Meek counterclaimed for return of the deposit and for costs of repairs performed by Meek; both sides moved for summary judgment.
- Trial court: extended term via tenancy, found Meek liable for May–Aug 2009 rent, offset $1,000 deposit, and awarded $3,000 attorney fees; on appeal, the court reverses portion regarding attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a tenancy-at-will created? | Meek argues extension requires writing; merger clause controls. | Lease allowed extension; conduct showed continuation of occupancy. | No tenancy-at-will; lease extended for 12 months. |
| Did landlord accept timely notice to vacate and surrender of possession? | Meek sent June 1 email intending to vacate; landlord accepted surrender. | No express acceptance or compelling circumstances; not surrender. | landlord did not accept surrender; Meek liable for remaining rent. |
| Is Meek entitled to $1,000 security deposit refund or offset for unpaid rent? | Deposit should be offset against unpaid rent; $1,000 refundable beyond damages. | Deposit applied to unpaid rent; Meek seeks additional $1,000 for repairs. | Meek entitled to $1,000 refund; no evidence of $1,000 repair value. |
| Can attorney fees be awarded under OCGA § 13-6-11 on summary judgment? | Fees justified by bad faith and stubborn litigiousness; privileged as damages. | Statute requires fact-finder; not appropriate on summary judgment. | Reverse to the extent fees were granted on summary judgment; issue reserved for trier of fact. |
Key Cases Cited
- Lanham v. McWilliams, 6 Ga. App. 85 (1908) (tenancy extension by continued occupancy without express notice can bind parties)
- Chalkley v. Ward, 119 Ga. App. 227 (1969) (renewal vs. extension; conduct can modify terms)
- Candler v. Smyth, 168 Ga. 276 (1929) (extension of term may require no new agreement if contract contemplates it)
- Vaswani v. Wohletz, 196 Ga. App. 676 (1990) (no surrender unless landlord consents or circumstances compel acceptance)
- Lawson v. Crawford, 220 Ga. App. 447 (1996) (landlord may terminate, relet or collect rent after abandonment)
- Kimber v. Towne Hills Dev. Co., 156 Ga. App. 401 (1980) (security deposit retention for unpaid rent)
- Covington Square Assocs. v. Ingles Markets, 287 Ga. 445 (2010) (OCGA 13-6-11 attorney fees; trial court cannot grant on summary judgment)
- Lau’s Corp. v. Haskins, 261 Ga. 491 (1991) (standard for reviewing summary judgments in Georgia)