Drury v. Sec. State Bank

4 Citing cases

  1. Outfront Media, LLC v. City of Sandy Springs

    356 Ga. App. 405 (Ga. Ct. App. 2020)   Cited 8 times
    Applying a statute that provides for an award of attorney fees to "the owner of any right or title to or interest in real property" (quoting Ga. Code Ann. § 22-1-12 (West 2022) )

    (Citations and punctuation omitted.) Drury v. Security State Bank , 328 Ga. App. 39, 41 (2), 759 S.E.2d 635 (2014). The distinction between the two types of tenancies is important because a tenant at sufferance is not entitled to 60-days notice of termination from the landlord under OCGA § 44-7-7.

  2. Transmax Prods., LLC v. Swartzberg

    Civil Action No. 1:19-cv-03568-SDG (N.D. Ga. Aug. 28, 2020)

    Hayes v. City of Atlanta, 1 Ga. App. 25, 25 (1907) ("It has been held, however, from ancient times, that a tenancy at will is not transferable or assignable."). See also Drury v. Sec. State Bank, 328 Ga. App. 39, 41 (2014) ("[T]he tenant at will holds by the landlord's permission. A tenant at will is always in by right, evidenced by permission, express or implied, of the landlord."); Restatement (Second) of Property: Landlord & Tenant § 15.1 (1977) ("[T]he tenancy at will can inherently exist only between the original parties.

  3. Alacrity Holdings 6, LLC v. Popli (In re Alacrity Holdings 6, LLC)

    655 B.R. 614 (Bankr. N.D. Ga. 2023)

    A tenant at sufferance holds over by wrong, and he is in possession, not by permission of the landlord, but as a result of his laches or neglect.Drury v. Sec. State Bank, 328 Ga. App. 39, 41, 759 S.E.2d 635, 638 (2014). While Popli and his subtenant may have initially entered the Property lawfully pursuant to the Handwritten Agreement, the State Court of Bibb County determined in the Eviction Action that Alacrity was entitled to possession, which means that Popli and his subtenant became tenants at sufferance by their refusal to vacate the Property.

  4. Preview Rests. v. Shops at 2221

    903 S.E.2d 320 (Ga. Ct. App. 2024)

    Section 9.4 provides, in part:(Punctuation omitted,) Drury v. Security State Bank, 328 Ga, App. 39, 759 S.E.2d 635 (2014).