Today’s case is Southeastern Land Fund, Inc. v. Real Estate World, Inc., 237 Ga. 227 (1976). This case doesn’t specifically deal with landlord-tenant issues, but is the apex case in Georgia jurisprudence regarding the distinction between provisions in a contract which provide for “liquidated damages” (enforceable) versus “penalties” (not enforceable). The relevant language from the
writ of possession – a court order giving a person the legal right to possess and occupy real property (Black’s Law Dictionary, 7th edition) The person with a writ of possession is typically the landlord.
writ of fieri facias – a court-issued instrument which constitutes evidence of a money judgement (Black’s Law Dictionary, 7th edition) A writ of fieri facias is in a form suitable for recording in the general execution docket of a particular jurisdiction (in Georgia, each county has its own general execution docket)
tort – an injury to one person caused by another person, who is legally responsible to the injured party for the injury (Black’s Law Dictionary, 7th edition) An intentional tort is a tort that was done deliberately, and for which punitive (as opposed to merely consequential) damages may be available.
relet – to lease previously rented premises to another tenant (Black’s Law Dictionary, 7th edition) A landlord relets a property by having a new tenant sign an entirely new lease, thus voiding the original lease (and releasing the original tenant from his or her obligations). Thus, the relet to another tenant constitutes an entirely new contractual