Title 44 — Title 44

Effect of article on other laws, §44-14-613. 1020 INDEX INTERPRETATION AND CONSTRUCTION —Cont’d Partition. Heirs property, uniform partition. Relation to Electronic Signatures in Global and National Commerce Act, §44-6-189.1. Uniformity among states enacting uniform act, §44-6-18…

Termination of residential leases upon issuance of civil or criminal family violence orders, §44-7-23. Fixtures. Tenant may not remove permanent fixtures, §44-7-11. Trade fixtures erected by tenant. Abandonment. Trade fixtures remaining after term, §44-7-12. LANDLORD AND TENANT —Con…

Where a person is employed to work for part of the crop, the relationship of landlord and tenant does not arise. The title to the crop, subject to the interest of the cropper therein, and the possession of the land remain in the owner of the land. (Civil Code 1895, § 3131; Civil …

Whenever the relationship of landlord and cropper exists, the title to and right to control and possess the crops grown and raised upon the lands of 896 44-7-101 the landlord by the cropper shall be vested in the landlord until the landlord has received his part of the crops so r…

In all cases where a cropper unlawfully sells or otherwise disposes of any part of a crop or where the cropper seeks to take possession of such crops or to exclude the landlord from the possession thereof while the title thereto remains in the landlord, the landlord shall have th…

Right of tenant to emblements, §44-7-8. AIDING AND ABETTING.

The tenant has no rights beyond the use of the land and tenements rented to him and such privileges as are necessary for the enjoyment of his use. He may not cut or destroy growing trees, remove permanent fixtures, or otherwise injure the property. He may use dead or fallen timbe…

Foreclosure of liens, §44-7-115. Intact homes, landowner liens, §44-7-113. Local government agents.

Priorities, §44-14-400. Satisfaction, §44-14-405. Actions. Health care facility medical practice lien on action for cost of care and treatment. Covenant not to bring action, release, settlement, etc. Effect, §44-14-473. Enforcement of lien by action for damages, §44-14-473. Indep…

Falsification of document, §44-5-155. Sale or purchase of parts, §44-5-154. Bailments. Pawnbrokers. Prohibited acts, §44-12-137. Bill of sale to secure debt. Motor vehicles. Selling or disposing of vehicles securing bill with intent to defraud, §44-14-7. Wrongful sale or removal o…

Landlord and tenant. Dispossessory proceedings. Granting and issuing summons to sheriff or his deputy, §44-7-51. Procedure upon tenant’s refusal, §44-7-50. Magistrate courts.

Bill of sale to secure debt. Selling or disposing of vehicle securing bill of sale with intent to defraud, §44-14-7. Removal of improperly parked cars or trespassing personal property. Automatic or systematic surveillance for purposes of removal and relocation, §44-1-13. MOTOR VE…

Bailments. General provisions, §§44-12-40 to 44-12-120. Choses in action.

Trees. Tenant may not cut or destroy, §44-7-11. LANDLORD AND TENANT —Cont’d Unlawful entry and detainer. Dispossessory proceedings, §§44-7-49 to 44-7-59. Use of land and tenements rented to tenant. Specific rights of tenants, §44-7-11. Utilities. Landlord’s duties, §44-7-14.1. Sus…

The landlord must keep the premises in repair. He shall be liable for all substantial improvements placed upon the premises by his consent. (Orig. Code 1863, § 2266; Code 1868, § 2258; Code 1873, § 2284; Code 1882, § 2284; Civil Code 1895, § 3123; Civil Code 1910, § 3699; Code 19…

Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defect…

(a) As used in this Code section, the term ‘‘utilities’’ means heat, light, and water service. (b) It shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until after the final disposition of any dispossessory proceeding by…

The destruction of a tenement by fire or the loss of possession by any casualty not caused by the landlord or from a defect of his title shall not abate the rent contracted to be paid. (Orig. Code 1863, § 2274; Code 1868, § 2267; Code 1873, § 2293; Code 1882, § 2293; Civil Code 1…

Exemptions from liens against tenant, §44-7-17. Defect of title. Effect on obligation, §44-7-15. Destruction of tenement. Effect on obligation, §44-7-15. Failure to pay. Dispossessory proceedings generally, §§44-7-49 to 44-7-59. When implied contract to pay arises, §44-7-5. Regul…

When it is agreed that the tenant shall pay to the landlord as rent a part of the crop produced on the lands rented from the landlord and the tenant, in good faith, delivers the part of the crop agreed on in discharge of his rent, such part of the crop so delivered shall be disch…

Mining and quarrying rights of way. Control of water power by mine owner by constructing, §44-9-73. Right to drain mine, carry off ore, etc., over adjoining land, §44-9-74. Riparian rights. Construction of canals on navigable streams by owner controlling lands on both sides, §44-…

No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which would regulate in any way the amount of rent to be charged for privately owned, single-family or multiple-unit residential rental property. This Code section shall not be construe…

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 con…

Dispossessory proceedings, §§44-7-49 to 44-7-59. Heat. Duties as to utilities, §44-7-14.1. Holding over by tenant. Dispossessory proceedings generally, §§44-7-49 to 44-7-59. Improvements. Landlord’s duties, §44-7-13. Injuries to property. Tenant may not injure, §44-7-11. Interest…

Property occupied by diseased person or site of homicide or other felony or suicide. Failure to disclose in real estate transaction, §44-1-16. Diseased persons occupying site involved in real estate transaction. Failure to disclose, §44-1-16. Felony on site of property subject in…

(a) As used in this Code section, the term ‘‘service member’’ means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty fo…

Criminal proceedings, §44-3-6. Venue for criminal actions, §44-3-9. Violation of article, §44-3-7. Ghost in the attic statute, §44-1-16. Landlord and tenant. Crop liens. Giving false information as to liens, §44-14-346. Unlawful purchase of corn or cotton from tenant or laborer. …

Determination of disposition of deposits, §44-7-34. Failure to return security deposit, §44-7-35. Recovery of security deposit tenant believes wrongfully withheld, §44-7-33. Tort liability of landlord, §44-7-14.

Disclosure of property’s propensity toward flooding, §44-7-20. Dispossessory proceedings, §§44-7-49 to 44-7-59. Affidavit by landlord. Refusal of tenant to deliver possession after demand, §44-7-50. Affidavit on tenants refusal to deliver possession after demand. False statements,…

As used in this article, the term: (1) ‘‘Nonrefundable fee’’ means any money or other consideration paid or given by a tenant to a landlord under the terms of a residential rental agreement which the parties agreed would not be refunded. (2) ‘‘Residential rental agreement’’ means…

Certain rental units exempted from article, §44-7-36. Damages. Failure to return deposit. Required, §44-7-35. Definitions, §44-7-30. Escrow account. Placement of deposit in, §44-7-31. Surety bond in lieu of, §44-7-32. Fees, §44-7-32. Liability of clerk of superior court, §44-7-32.…

Land registration. Fraud or forgery in transaction or registration. Limitation on actions to set aside, §44-2-137. ACTIONS —Cont’d Land registration —Cont’d Fraud or negligence arising out of acts of person or officer, §44-2-138. Heirs improperly appropriating land. Action by per…

Co. v. Linn, 235 Ga. App. 641, 510 S.E.2d 139 (1998). Failure to provide defect list works forfei- 844 ture. — In an insurer’s subrogation action against a tenant who had negligently caused damage to a home, the landlord’s failure to provide the tenant with a list of existing def…

Surety bond in lieu of escrow account, §44-7-32. Inspection of premises by landlord. Compilation of list of damages done to premises, §44-7-33. LANDLORD AND TENANT —Cont’d Security deposits —Cont’d Inspection of premises by tenant. Ascertainment of accuracy of list of existing da…

Placement of security deposit in trust in escrow account; notice to tenant of account location. Surety bond in lieu of escrow account; withdrawal of surety; fees; liability of clerk of superior court. Lists of existing defects and of damages during tenancy; right of tenant to ins…

Restrictions on, §44-7-19. Restrictions on rent regulation by local governments, §44-7-19. Repairs. Failure of landlord to keep premises repaired. Tort liability, §44-7-14. 1031 INDEX LANDLORD AND TENANT —Cont’d Repairs —Cont’d Landlord’s duties, §44-7-13. Notice of needed repair…

Merry Land & Inv. Co., 263 Ga. App. 316, 587 S.E.2d 816 (2003). Trial court properly granted summary judgment pursuant to O.C.G.A. § 9-11-56(c) to a lessor in a lessee’s breach of contract action; pursuant to a lease for roof space to be used for a billboard, the lessee defaulted…

Foreclosures arising out of commercial transactions. Time for filing, §44-14-267. Time. Foreclosures arising out of commercial transactions. Filing, §44-14-267. COUNTERFEITING. Land registration. Counterfeiting in connection with registration of title to land, §44-2-43. COUNTIES.

(a) Except as provided in subsection (c) of this Code section, in an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summons pursuant to Code Section 44-7-51, all rents allegedly owe…

Failure to answer, §44-7-74. Land registration. No default judgment or decree without necessary facts, §44-2-81. Personal property. Foreclosure of security interest on personal property, §44-14-233. DEFEASIBLE FEES. Estates granted upon conditions. Generally, §§44-6-40 to 44-6-44…

Subject to writ, §44-7-59. Partition. Statutory partition. General provisions, §§44-6-160 to 44-6-174. Personal property.

Wrongful conduct of landlord, §44-7-77. Flooding propensity of property.

Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within seven days of the date such judgment was entered and provided, further, that, after the notice of appeal is filed with the clerk…

This article shall apply to croppers and servants who continue to hold possession of lands and tenements after their employment as croppers or servants has terminated and in the same manner as it relates to tenants. (Code 1933, § 61-308, enacted by Ga. L. 1941, p. 319, § 1.)

Anyone who, under oath or affirmation, knowingly and willingly makes a false statement in an affidavit signed pursuant to Code Section 44-7-50 or in an answer filed pursuant to Code Section 44-7-51 shall be guilty of a misdemeanor. (Code 1933, § 61-9905, enacted by Ga. L. 1976, p…

Abatement of hazard from abandoned well or hole, §44-1-14. Expenditure of county funds, §44-1-14. Recovery of cost of filling or covering, §44-1-14. HOMESTEAD EXEMPTIONS.

Where no time is specified for the termination of a tenancy, the law construes it to be a tenancy at will. (Orig. Code 1863, § 2271; Code 1868, § 2264; Code 1873, § 2290; Code 1882, § 2290; Civil Code 1895, § 3132; Civil Code 1910, § 3708; Code 1933, § 61-104; Ga. L. 1952, p. 201…

Family violence orders, civil or criminal, §44-7-23. Holding over by tenant. Dispossessory proceedings, §§44-7-49 to 44-7-59. Landlord retaliation against tenant. Establishment of prima facie case by tenant, requirements, §44-7-24. Military service members. Residential rental agr…

Damages, §44-7-77. Duties of landlords. Flooding propensity of property. Notification requirements, §44-7-20. Repairs and improvements, §44-7-13. Utilities, §44-7-14.1. Emblements. Tenancy at will. Right of tenant to, §44-7-8. Enjoyment of use by tenants. Specific rights of tenants…

When rent is due or the tenant is seeking to remove his property, the landlord, his agent, his attorney in fact, or his attorney at law may, upon a statement of the facts under oath, apply for a distress warrant before the 886 44-7-71 judge of the superior court, the state court,…