McLendon Movers, Inc., 188 Ga. App. 249, 372 S.E.2d 820 (1988). Part performance. — Parol contract for the rent of lands for a period of five years is invalid and will not have the effect of creating a tenacy for longer than one year in absence of such part performance of the contract as will take the contract out of the statute of frauds. Carl v. Hansbury, 67 Ga. App. 830, 21 S.E.2d 302 (1942). Part performance insufficient. — Reliance upon the statements and representations of a landlord, prompting a tenant to purchase business coupled with the tenant’s possession of the premises and payment of rent, does not constitute sufficient part performance to remove a parol lease agreement from the strictures of this statute. Norris v. Downtown LaGrange Dev. Auth., 151 Ga. App. 343, 259 S.E.2d 729 (1979) (see O.C.G.A. § 44-7-2). Authority of agent. — Contracts creating the relation of landlord and tenant for any time exceeding one year must be in writing, and when executed by an agent, the authority of the agent to execute the contract must likewise be in writing. Butler v. Godley, 51 Ga. App. 784, 181 S.E. 494 (1935). Renewal of lease for more than one year. — Lease for more than a year cannot be renewed except in writing. Hooks v. Lease, 68 Ga. App. 850, 24 S.E.2d 601 (1943). Purported lease renewal was void and inoperative since there was no writing as required by the statute of frauds to authorize the exercise of an option to renew the lease for another three-year term. Brookhill Mgt. Corp. v. Shah, 197 Ga. App. 305, 398 S.E.2d 290 (1990). Parol renewal for one year valid. — Evidence authorized a finding that after the expiration of the original written lease between the parties a new parol contract was entered into by the parties for the rent of the property for another year which was valid. King v. Patillo, 19 Ga. App. 59, 90 S.E. 1033 (1916). Automatic renewal. — Fact that a lease provides that the lease would be automatically renewed from year to year in the event the tenant did not give the notice required to the contrary does not necessarily make it a lease for longer than one year. Butler v. Godley, 51 Ga. App. 784, 181 S.E. 494 (1935). Disaffirming executory parol contract. — Valid executory parol contract for the rent of land for the ensuing year for an agreed price cannot be disaffirmed by the landlord before the time the contract is to take effect on the ground that no part of the contract has been performed and that neither party has acted to the party’s prejudice because of it, without subjecting oneself to an action for damages. Roland v. Floyd, 53 Ga. App. 282, 185 S.E. 580 (1936). Instructions. — In a negligence action by a tenant against the tenant’s landlord for compensation for injuries resulting from a rat bite, the trial court erred in instructing the jury that the landlord could not avoid the landlord’s duty to repair the property absent evidence of the landlord’s negligence. Valdosta Hous. Auth. v. Finnessee, 160 Ga. App. 552, 287 S.E.2d 569 (1981). Recovery of damages. — In order to recover, a tenant is required to show not only that the landlord breached the landlord’s statutory duty to keep the premises in repair, but that such breach was the proximate cause of the tenant’s injury. Brown v. RFC Mgt., Inc., 189 Ga. App. 603, 376 S.E.2d 691 (1988). Cited in Springfield Fire & Marine Ins. Co. v. Price, 132 Ga. 687, 64 S.E. 1074 (1909); Tatum v. Padrosa, 24 Ga. App. 259, 100 S.E. 653 (1919); Candler v. Smyth, 168 Ga. 276, 147 S.E. 552 (1929); Killian v. Cherokee County, 169 Ga. 313, 150 S.E. 158 (1929); Heaton v. Fulton Nat’l Bank, 46 Ga. App. 773, 169 S.E. 216 (1933); Blanchard & Calhoun Realty Co. v. Comer, 185 Ga. 448, 195 S.E. 420 (1938); Neely v. Sheppard, 185 Ga. 771, 196 S.E. 452 (1938); Lamons v. Good Foods, Inc., 195 Ga. 475, 24 S.E.2d 678 (1943); Meeks v. Adams La. Co., 49 F. Supp. 489 (S.D. Ga. 1943); Citizens Oil Co. v. Head, 201 Ga. 542, 40 S.E.2d 559 (1946); Deriso v. Castleberry, 202 Ga. 174, 42 S.E.2d 356 (1947); Carruth v. Carruth, 77 Ga. App. 131, 48 S.E.2d 387 (1948); Cooper v. Vaughan, 81 Ga. App. 330, 58 S.E.2d 453 (1950); Moon v. Stone Mt. Mem. Ass’n, 223 Ga. 696, 157 S.E.2d 461 (1967); Smith v. Top Dollar Stores, Inc., 129 Ga. App. 60, 198 S.E.2d 690 (1973); Blease v. Blease, 238 Ga. 651, 235 S.E.2d 21 (1977); Hill v. Hill, 143 Ga. App. 549, 239 S.E.2d 154 (1977); Opportunities Industrialization Ctr. of Atlanta, Inc. v. Whiteway Neon Ad, Inc., 146 Ga. App. 871, 247 S.E.2d 494 (1978); General Hosps. of Humana v. Jenkins, 188 Ga. App. 825, 374 S.E.2d 739 (1988); Evans v. Richardson, 189 Ga. App. 751, 377 S.E.2d 521 (1989); Thompson v. Crownover, 259 Ga. 126, 381 S.E.2d 283 (1989); Roth v. Wu, 199 Ga. App. 665, 405 S.E.2d 741 (1991); Gaffney v. EQK Realty Investors, 213 Ga. App. 653, 445 S.E.2d 771 (1994); Fields v. Lanier, 294 Ga. App. 355, 670 S.E.2d 145 (2008). Exculpatory Clauses Property not to be used as dwelling place. — While a landlord may not avoid in any lease of real property as a dwelling place any of the requirements set forth in Arts. 3 and 4 of this chapter, a landlord may contract to avoid these statutory requirements when renting property which is not to be used as a dwelling place. Colonial Self Storage of S.E., Inc. v. Concord Properties, Inc., 147 Ga. App. 493, 249 S.E.2d 310 (1978). Landlord was entitled to rely on default provisions of lease of residence for commercial purposes in refusing tender of past due rent and in taking action to dispossess appellant, and appellant was not entitled to defenses of O.C.G.A. § 44-7-50 et seq., having waived those provisions in the lease. Eason Publications, Inc. v. Monson, 163 Ga. App. 370, 294 S.E.2d 585 (1982). Warranty of good repair. — Landlord’s implied warranty that the rented premises were in good repair at the time the premises were rented cannot be defeated by an exculpatory provision in the lease. Country Club Apts., Inc. v. Scott, 246 Ga. 443, 271 S.E.2d 841 (1980). Houseboat not alleged to be dwelling place. — When no contention was made in a houseboat lessee’s action that the slips or spaces in the marina, or even the houseboats docked there, were to be used as dwelling places, the landlord may contract to avoid the statutory requirements of former Code 1933, Ch. 61-3 or 61-4 (see O.C.G.A. Art. 3 or 4, Ch. 7, T. 44). Wilkerson v. Chattahoochee Parks, 244 Ga. 472, 260 S.E.2d 867 (1979). Exculpatory clause void as against public policy. — Exculpatory and indemnity provision in commercial lease providing that ‘‘lessee hereby releases lessor from any and all damages to both person and property and will hold the lessor harmless from such damages during the terms of this lease’’ was void as against public policy. Barnes v. Pearman, 163 Ga. App. 790, 294 S.E.2d 619 (1982), aff ’d, 250 Ga. 628, 301 S.E.2d 647 (1983). Liability for wrongful death. — Exculpatory clauses in residential lease would not relieve landlord of liability for wrongful death of tenant. Cain v. Vontz, 703 F.2d 1279 (11th Cir. 1983). Insurance requirement. — Provision in a lease agreement that imposed upon a tenant a condition that the tenant purchase insurance to protect oneself against the tenant’s landlord’s negligence, and another provision that purported to bar the tenant’s recovery in a negligence case because of the tenant’s failure to purchase such insurance, were both void as against public policy as the provisions clearly avoided the ‘‘rights, duties, or remedies’’ contained in O.C.G.A. §§ 44-7-13 and 44-7-14. Schuster v. Plaza Pac. Equities, Inc., 588 F. Supp. 61 (N.D. Ga. 1984). Decisions Under Prior Law