Bentley-Kessinger, Inc. v. Jones

I cannot agree with the majority’s determination that the “eviction and subsequent reentry and possession of the premises by the landlord terminates the lease.” This conclusion ignores the teaching of the Supreme Court’s decision in Metro Mgt. Co. v. Parker, 247 Ga. 625 (278 SE2d 643) (1981). In Metro Mgt. Co., the Supreme Court reversed the judgment of this Court holding that a termination by the landlord of the lease was a condition precedent to regaining possession of the premises through a dispossessory proceeding even when the basis for eviction was nonpayment of rent. The Supreme Court…