Lake v. APH Enterprises, LLC

9 Citing cases

  1. Starks v. USG Real Estate Found. III

    361 Ga. App. 406 (Ga. Ct. App. 2021)   Cited 3 times
    Holding that USG Real Estate Foundation had leased the entire property, including the Student Union, to the Board of Regents of the University and, despite maintaining a right of entry, thus was not liable for the shooting death of a student inside the Student Union

    (Citation and punctuation omitted.) Lake v. APH Enterprises, LLC , 306 Ga. App. 317, 319, 702 S.E.2d 654 (2010). Indeed, "landlords still fully part with possession of leased premises when they retain limited entry or inspection rights for landlord-related purposes."

  2. Sidhi Inv. Corp. v. Thrift

    785 S.E.2d 552 (Ga. Ct. App. 2016)   Cited 2 times

    Finally, Sidhi's right to enter the store “for the purposes of inspection, repair or showing to prospective purchaser” or future tenant does not render it liable for injuries caused by its tenant's negligence. See Lake v. APH Enterprises, LLC, 306 Ga.App. 317, 319, 702 S.E.2d 654 (2010) (“Landlords still fully part with possession of leased premises when they retain limited entry or inspection rights for landlord-related purposes.”); Webb v. Danforth, 234 Ga.App. 211, 212, 505 S.E.2d 860 (1998).

  3. Williams v. Kasulka Props.

    898 S.E.2d 843 (Ga. Ct. App. 2024)   Cited 4 times

    Consequently, an out-of-possession landlord cannot be held liable for damages for a criminal assault on the leased premises, unless the assault was due to negligent construction or maintenance of the premises. See Savannah State Univ. Foundation v. Lewis, 370 Ga. App. 180, 181–86 (1), 895 S.E.2d 525 (2023); Starks v. USG Real Estate Foundation III, 361 Ga. App. 406, 411-412 (1), 864 S.E.2d 621 (2021); Lake v. APH Enterprises, 306 Ga. App. 317, 319-320, 702 S.E.2d 654 (2010); Godwin v. Olshan, 161 Ga. App. 35, 36 (2), 288 S.E.2d 850 (1982) (construing predecessor to OCGA § 44-7-14). (b) Status of Kasulka Properties

  4. Savannah State Univ. Found. v. Lewis

    895 S.E.2d 525 (Ga. Ct. App. 2023)   Cited 2 times

    Under these provisions, there "is no evidence that [the LLC] contractually undertook to remain in possession of’ any parts of the premises. Lake v. APH Enterprises, 306 Ga. App. 317, 320, 702 S.E.2d 654 (2010). Rather, "the use of the tenements really belongs to the tenant during the lease," Starks, 361 Ga. App. at 410 (1), 864 S.E.2d 621 (citation and punctuation omitted).

  5. Boone v. Udoto

    323 Ga. App. 482 (Ga. Ct. App. 2013)   Cited 9 times
    Finding no evidence of "such dominion and control of the premises so as to vitiate the landlord’s limited liability imposed by OCGA § 44-7-14" where the landlord "had no obligation to repair or maintain" the property

    “Landlords who fully part with possession and the right of possession of the premises are not liable to third parties for damages arising from the tenant's negligence” pursuant to OCGA § 44–7–14, which provides: Lake v. APH Enterprises, LLC, 306 Ga.App. 317, 319, 702 S.E.2d 654 (2010).[h]aving fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.

  6. Watts Colwell Builders v. Martin

    313 Ga. App. 1 (Ga. Ct. App. 2011)   Cited 12 times
    Holding that res ipsa loquitur was not applicable to find defendant liable for injury caused when the door to a bathroom stall fell of its hinges and knocked plaintiff to the ground because stall door was not within defendant's exclusive control

    (Citation omitted.) Lake v. APH Enterprises, 306 Ga.App. 317, 319, 702 S.E.2d 654 (2010). “Such limited rights do not evidence such dominion and control of the premises so as to vitiate the landlord's limited liability imposed by OCGA § 44–7–14 and replace it with the liability imposed by OCGA § 51–3–1.”

  7. Jordan v. H. J. Russell & Co.

    899 S.E.2d 514 (Ga. Ct. App. 2024)

    McCulloughv. Reyes, 287 Ga. App. 483, 486-87 (1), 651 S.E.2d 810 (2007); see Starks v. USG Real Estate Foundation III, 361 Ga. App. 406, 410, 864 S.E.2d 621 (2021). See Lake v. APH Enterprises, LLC, 306 Ga App. 317, 319, 702 S.E.2d 654 (2010) ("a landlord’s right to inspect is not the equivalent of the right to possess premises, so as to make the landlord liable under OCGA § 44-7-14…. Landlords still fully part with possession of leased premises when they retain limited entry or inspection rights for landlord-related purposes.") (citation and punctuation omitted.).

  8. Riggs v. Highland Hills Apartments, LLC

    334 Ga. App. 247 (Ga. Ct. App. 2015)   Cited 1 times

    Riggs argues that the landlord also is subject to liability under OCGA § 44–7–14, but that Code section deals with landlords' responsibilities for premises of which they have “fully parted with possession and the right of possession.” See generally Lake v. APH Enters., 306 Ga.App. 317, 319–320, 702 S.E.2d 654 (2010) (discussing when landlord is subject to liability under OCGA § 44–7–14 as opposed to OCGA § 51–3–1). Under OCGA § 51–3–1, “[w]here an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.

  9. Meek v. Mallory & Evans, Inc.

    318 Ga. App. 407 (Ga. Ct. App. 2012)   Cited 5 times

    ” Lau's Corp. v. Haskins, 261 Ga. 491, 405 S.E.2d 474 (1991). Our review is de novo. Lake v. APH Enterprises, 306 Ga.App. 317, 318, 702 S.E.2d 654 (2010). The trial court found that the dispositive facts were not in dispute and held that Meek extended the term of the lease for one additional 12–month term; that both Meek and landlord mutually departed from the terms of the lease, resulting in a monthly rent of $1,700 for that additional term, instead of $1,900 for months 13–24 or the $2,550 required by the lease if the tenant holds over.