Metro Management Co. v. Parker

Gregory, Justice.

We granted certiorari in this case to consider whether the termination of a lease is a condition precedent to the institution of dispossessory proceedings under Code Ann. § 61-301, where possession of the premises is sought on the basis of non-payment of rent, rather than on the basis of termination of the lease. The trial court and the Court of Appeals concluded that termination of the lease is required in these circumstances. See, Metro Management Co. v. Parker, 156 Ga. App. 686 (275 SE2d 826) (1980). We disagree and reverse.

The facts are undisputed. Appellee Parker entered…