Dawson B. Welsh

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Certainty is a trait valued highly by many, and it is perhaps most valued in the world of business where minimizing risk and maximizing profit is the name of the game. Efficiency Lodge, Inc. v. Neason developed what appeared to be a routine fight over occupancy into one of the most important redefinitions of a legal framework in the field of real estate. The Supreme Court of Georgia’s analysis of the relationships provides a legal framework for Georgia courts to apply when attempting to parse out the rights of the parties by specifically providing a new way for courts to analyze whether a landlord-tenant relationship has been established. The new standard will undoubtedly affect not only the way extended-stay motels and hotels will approach the writing of their contracts but also how they will practically approach their interactions with occupants. The decision also potentially leaves some similarly-placed individuals and businesses in a state of limbo, where their contractual relationships are not well-defined, and they must await trial court decisions to determine what type of relationship exists between them.