Twin Tower Jt. Venture v. Am. Mktg. & Commc'ns Corp., 304 S.E.2d 493 (Ga. Ct. App. 1983). · Go Syfert
Twin Tower Jt. Venture v. Am. Mktg. & Commc'ns Corp., 304 S.E.2d 493 (Ga. Ct. App. 1983). Cases Citing This Book View Copy Cite
13 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: ALPHONSO WATERS v. CHARLES SMITH (gactapp, 2025-04-25)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) ALPHONSO WATERS v. CHARLES SMITH
Ga. Ct. App. · 2025 · confidence medium
But under OCGA court with jurisdiction over the subject matter or the judge, clerk, or deputy clerk of the magistrate court shall grant and issue a summons to the sheriff or his deputy or to any lawful constable of the county where the land is located.”). 8 § 44-7-55 (a), applicable to dispossessory proceedings, “[i]f, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute.”13 Based on this, the landlord “was clearly authorized to sue for any contractual liability rela…
discussed Cited as authority (rule) Outfront Media, LLC v. City of Sandy Springs
Ga. Ct. App. · 2020 · confidence medium
Because a letter directing a tenant to vacate the premises constitutes a sufficient demand for possession, see Twin Tower Joint Venture v. American Mktg. & Communications Corp., 166 Ga. App. 364, 366 (2) ( 304 SE2d 493 ) (1983), the City’s April 12 Letter met the statutory demand requirement. 19 The fact that the April 12 Letter was sent to Outfront’s counsel rather than directly to Outfront does not change our conclusion.
cited Cited as authority (rule) Atlanta J's, Inc. v. Houston Foods, Inc.
Ga. Ct. App. · 1999 · confidence medium
Corp., 166 Ga. App. 364, 366 (1) ( 304 SE2d 493 ) (1983).
discussed Cited as authority (rule) Sandifer v. Long Investors, Inc.
Ga. Ct. App. · 1994 · confidence medium
Corp., 166 Ga. App. 364, 366 (2) ( 304 SE2d 493 )), and also was sufficient under the notice provisions of the lease. (b) Appellant claims that the notice demanding possession was inadequate as it failed to provide adequate notice that the waiver would be revoked as of April 1990.
cited Cited "see" Favors v. Arnold
Ga. Ct. App. · 1986 · signal: see · confidence high
See Twin Tower Joint Venture, supra. Judgment affirmed.
Retrieving the full opinion text from the archive…
Twin Tower Joint Venture
v.
American Marketing & Communications Corporation
65711.
Court of Appeals of Georgia.
Apr 21, 1983.
304 S.E.2d 493
1983 Ga. App. LEXIS 2169
Henry R. Bauer, Jr., Gerald B. Kline, for appellant., Dean H. Berk, Barry G. Sikes, for appellee.
Quillian, Sognier, Pope.
Cited by 6 opinions  |  Published
Quillian, Presiding Judge.

Appeal from a directed verdict for defendant in a dispossessory proceeding.

Plaintiff-appellant Twin Tower Joint Venture leased certain premises to defendant-appellee corporation in September 1979. On April 17, 1980, appellee executed a demand promissory note to[*365] appellant for attorney fees paid by appellant for collecting rent due prior to that date. On June 24, 1980, appellee executed another demand promissory note to appellant to defer lease payments for the months of June through September 1980. In January 1981 and for several months thereafter appellee defaulted on its lease payments to appellant and also defaulted on its payments on the demand notes. On June 25, 1981 appellant delivered to the president of appellee personally a letter which stated that appellee was in default of the terms of the lease for failure to pay rent and other charges; that, in addition, appellee was also in default in payment of the two demand notes and demanded payment thereof; that the lease was terminated; gave notice of 15% attorney fees if the notes were not paid within ten days; and instructed appellee to “vacate your premisés as of the receipt of this letter.” Appellee did not vacate the premises and appellant commenced this action for possession and unpaid back rent. Appellee answered denying liability and counterclaimed alleging that appellant, by various acts, was trying to cause appellee to vacate the leased premises. Appellant then amended its complaint for possession by also alleging the two demand notes were in default and demanding payment thereof.

At trial appellant placed in evidence the lease, the amount of unpaid rent and other charges, and the letter terminating the lease and demanding possession, which also included the demand for payment of the two notes and notice of attorney fees. Appellee’s president admitted nonpayment of the rent, receipt of the letter terminating the lease and demanding possession, and execution of the notes. The tried court refused to admit in evidence the two notes emd two other letters demanding payment thereof, on the ground that the dispossessory action could not be combined with an action to collect on the notes. Appellant rested emd appellee’s motion for a directed verdict was granted, which as to the dispossessory action was apparently because the demand for possession was not valid as it was combined in the seime document as the dememd for payment of the notes. Appellee then dismissed its counterclaim and judgment was entered for appellee. Held:

1. OCGA § 44-7-50 et seq. (Code Ann. § 61-301 et seq.) provides for dispossessory proceedings. OCGA § 44-7-55 (a) (Code Ann. § 61-305) states: “If, on the trial of the case, judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute.”

“Under this Code section [OCGA § 44-7-55 (a)] the appellant was clearly authorized to sue for any contractual liability relating to the termination of the lease.” Burger King Corp. v. Garrick, 149 Ga. App. 186, 187 (253 SE2d 852).

[*366] Decided April 21, 1983. Henry R. Bauer, Jr., Gerald B. Kline, for appellant. Dean H. Berk, Barry G. Sikes, for appellee.

“The trial judge found that ‘as a matter of law that a dispossessory warrant can be used only for 2 purposes, i.e., to dispossess a tenant, and/or, to collect rent, but, it cannot be used to collect any other type of damages.’ This ruling apparently overlooks Code Ann. § 61-305 (a) [now OCGA § 44-7-55 (a), quoted supra]...” See Burger King Corp. v. Garrick, 149 Ga. App. 186 [supra]." Lantz v. White, 152 Ga. App. 389, 390 (262 SE2d 640).

“Title 61-3 . . . does intend for all related claims between the landlord and the tenant to be determinable in the dispossessory proceeding (Code §§ 61-303; 61-305 (a))...” Leverette v. Moran, 153 Ga. App. 825, 826 (266 SE2d 574).

Since the promissory notes were clearly claims “relating to the dispute” between the parties, we find that the trial court erred in ruling that the collection of the notes could not be tried with the dispossessory action.

It follows, therefore, that the trial court also erred in excluding the notes and letters demanding payment thereof from evidence.

2. Appellant’s letter of June 25,1981, terminating the lease and instructing appellee “to vacate your premises as of the receipt of this letter,” constituted a sufficient demand for possession. Such a demand was not rendered ineffective by also giving notice in the same document of demand for payment of the notes and notice that attorney fees would be demanded if not paid within ten days.

3. Therefore, direction of a verdict for appellee was error as the evidence admitted and the evidence improperly excluded, did not demand a verdict for appellee. OCGA § 9-11-50 (a) (Code Ann. § 81A-150 (a)).

Judgment reversed.

Sognier and Pope, JJ., concur.