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Landlord Refuses To Remove Cameras Recording Audio/video Outside My Business. Only 2 Weeks Into A Commercial Lease

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Landlord refuses to remove cameras recording audio/video outside my business. Only 2 weeks into a commercial lease, haven't moved in, and they refuse to release me. Location: Atlanta

I signed a 2-year commercial lease about two weeks ago. Rent is $3,000/month, and I haven't even moved in or started operating my business yet.

The unit has a recessed, semi-enclosed entrance/patio area with two cameras installed by the landlord. One points directly at the entrance, and the other covers the exterior AC equipment.

I wasn't comfortable with the landlord having unrestricted access to monitor my business entrance, so I brought it up and asked whether the cameras could be removed or transferred to my control.

They refused.

I then offered a compromise: I'd pay to install my own security cameras and give the landlord access to footage whenever needed for legitimate security purposes. That was also rejected.

Eventually, the landlord confirmed in writing that the cameras are configured to record both audio and video, and that they intend to keep them exactly where they are, under their exclusive control.

To be clear, I don't have an issue with security cameras. My issue is having a landlord who can remotely listen to conversations and monitor everyone entering or leaving my business. It's a small, private business, and the idea of the property owner having that level of access doesn't sit right with me.

The lease doesn't specifically disclose these existing cameras or expressly authorize the landlord to record audio at the entrance, at least not in the documents I received.

After going back and forth, I decided I didn't want to start a two-year business relationship under these circumstances. I asked for a mutual termination and release from the lease. The landlord declined.

They've since hired an attorney, who sent me a formal letter defending the cameras and maintaining that the lease remains enforceable. Their attorney also referenced a section of the lease concerning existing security systems that doesn't seem to match the replacement special stipulations in my signed documents.

So now I'm in a situation where:

  • I've only been under the lease for about two weeks.
  • I haven't moved in, opened for business, or started using the space.
  • I've already paid the first month's rent and a $3,000 security deposit.
  • I've offered reasonable alternatives regarding the cameras, all rejected.
  • I've requested a mutual release, which was also rejected.
  • The landlord has involved an attorney and insists the lease remains in effect.

At this point, I don't even want to negotiate over the cameras anymore. I just want to get out of the lease and move on.

I'm looking into retaining a commercial real estate attorney, but I'm trying to understand whether I actually have any leverage here or if I'm looking at an expensive, uphill battle.

A few questions:

  1. Does Georgia law generally allow a commercial landlord to record audio at a tenant's entrance, particularly if conversations are being captured without the participants' knowledge?
  2. Does it matter whether the recessed entrance/patio is legally part of my leased premises or a common area?
  3. Given that I haven't moved in and the lease is only two weeks old, does that make any difference when negotiating termination?
  4. Has anyone successfully negotiated a mutual release from a commercial lease under similar circumstances?

I'm not planning to abandon the property or stop paying rent and hope for the best. I understand I signed a contract. I'm just trying to figure out whether there's a realistic way to resolve this without being tied to a landlord I already have serious issues with for the next two years.

submitted by /u/SWIFTCHANCELL0R
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