Title 44

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…

All contracts for rent shall bear interest from the time the rent is due. (Laws 1811, Cobb’s 1851 Digest, p. 901; Code 1863, § 2269; Code 1868, § 2262; Code 1873, § 2288; Code 1882, § 2288; Civil Code 1895, § 3128; Civil Code 1910, § 3704; Code 1933, § 61-114; Ga. L. 1946, p. 761…

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…

(a) As used in this Code section, the term: (1) ‘‘Assignation’’ means the making of any appointment or engagement for prostitution or any act in furtherance of such appointment or engagement. (2) ‘‘Prostitution’’ means the offering or giving of the body for sexual intercourse, se…

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…

When the owner of real property, either directly or through an agent, seeks to lease or rent that property for residential occupancy, prior to entering a written agreement for the leasehold of that property, the owner shall, either directly or through an agent, notify the prospec…

(a) Where a landlord or tenant has entered into a written brokerage commission agreement for the payment of compensation or promise of payment to a real estate broker in consideration of brokerage services rendered in connection with the consummation of a lease, then, notwithstan…

(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…

(a) At or before the commencement of a tenancy, the landlord or an agent or other person authorized to enter into a rental agreement on behalf of the landlord shall disclose to the tenant in writing the names and addresses of the following persons: (1) The owner of record of the …

(a) Municipalities and counties may establish by local ordinance minimum security standards not in conflict with applicable fire codes to prevent the unauthorized entry of premises occupied by a tenant as a dwelling place and may require landlords to comply with such standards. (…

When, in an action for rent, title is shown in the plaintiff and occupation by the defendant is proved, an obligation to pay rent is generally implied. However, if the entry of the defendant on the premises was not under the plaintiff or if the possession of the defendant is adve…

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…

Sixty days’ notice from the landlord or 30 days’ notice from the tenant is necessary to terminate a tenancy at will. (Orig. Code 1863, § 2272; Code 1868, § 2265; Code 1873, § 2291; Code 1882, § 2291; Civil Code 1895, § 3133; Civil Code 1910, § 3709; Code 1933, § 61-105; Ga. L. 19…

The tenant at will is entitled to his emblements if the crop is sowed or planted before the landlord gives him notice of termination of the tenancy, if the tenancy is terminated by the judicial sale of the estate by the landlord or by death of the landlord or tenant, or if for an…

The tenant may not dispute his landlord’s title or attorn to another claimant while he is in actual physical occupation, while he is performing any active or passive act or taking any position whereby he expressly or impliedly recognizes his landlord’s title, or while he is takin…

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…

Except as provided in Code Section 44-7-32, whenever a security deposit is held by a landlord or such landlord’s agent on behalf of a tenant, such security deposit shall be deposited in an escrow account established only for that purpose in any bank or lending institution subject…

(a) As an alternative to the requirement that security deposits be placed in escrow as provided in Code Section 44-7-31, the landlord may post and maintain an effective surety bond with the clerk of the superior court in the county in which the dwelling unit is located. The amoun…

(a) Prior to tendering a security deposit, the tenant shall be presented with a comprehensive list of any existing damage to the premises, which list shall be for the tenant’s permanent retention. The tenant shall have the right to inspect the premises to ascertain the accuracy o…

(a) Except as otherwise provided in this article, within one month after the termination of the residential lease or the surrender and acceptance of the premises, whichever occurs last, a landlord shall return to the tenant the full security deposit which was deposited with the l…

Co. v. Linn, 235 Ga. App. 641, 510 S.E.2d 139 (1998). Failure to provide defect list works forfeiture. — 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 defects a…

Code Sections 44-7-31, 44-7-32, 44-7-33, and 44-7-35 shall not apply to rental units which are owned by a natural person if such natural person, his or her spouse, and his or her minor children collectively own ten or fewer rental units; provided, however, that this exemption doe…

As used in this article, the term ‘‘writ of possession’’ means a writ issued to recover the possession of land or other property and such writ shall not contain restrictions, responsibilities, or conditions upon the landlord in order to be placed in full possession of the land or…

(a) When the affidavit provided for in Code Section 44-7-50 is made, the judge of the superior court, the state court, or any other court with jurisdiction over the subject matter or the judge, clerk, or deputy clerk of the magistrate court shall grant and issue a summons to the …

(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…

(a) If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51, the court shall issue a writ of possession instanter notwithstanding Code Section 9-11-55 or Code Section 9-11-62. The court, without the intervention of a jury, shall not require any further…

(a) In any case where the issue of the right of possession cannot be finally determined within two weeks from the date of service of the copy of the summons and the copy of the affidavit, the tenant shall be required to pay into the registry of the trial court: (1) All rent and u…

(a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute. The court shall issue a writ of possession, both of execution for the judgment amount and a writ t…

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…

If the court issues a writ of possession to property upon which the tenant has placed a manufactured home, mobile home, trailer, or other type of transportable housing and the tenant does not move the same within ten days after a final order is entered, the landlord shall be enti…

The landlord shall have power to distrain for rent as soon as the same is due if the tenant is seeking to remove his property from the premises. (Laws 1811, Cobb’s 1851 Digest, p. 901; Code 1863, § 2267; Code 1868, § 2259; Code 1873, § 2285; Code 1882, § 2285; Civil Code 1895, § …

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 judge of the superior court, the state court, the civil c…

When the affidavit provided for in Code Section 44-7-71 is made, the judge of the superior court, the state court, the civil court, or the magistrate court before whom it was made shall grant and issue a summons to the marshal or the sheriff or his deputy of the county where the …

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 44-7-72, all rents allegedly owed plus the cost of the distress warrant. Such a tender shall be…

(a) At or before the time of the hearing, the defendant may answer in writing. The defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed upon the affidavit. The answer may contain any legal or equitable defense or c…

(a) At the time the tenant answers, the tenant shall pay into the registry of the trial court all rent admittedly owed prior to the issuance of the summons; provided, however, that, in lieu of such payment, the tenant shall be allowed to submit to the court a receipt indicating t…

In all cases where the tenant may desire to transfer, remove, or convey any of his property after the service of summons, the tenant shall post bond with good security for a sum equal to the value of the property or the amount of the rent alleged to be due, whichever is less, to …

(a) If, on the trial of the case, the judgment is against the tenant, the judgment shall be entered against the tenant for all rent due and for any other claim relating to the dispute and the distress warrant shall be granted. (b) If the judgment is for the tenant, he shall be en…

Any judgment by the trial court shall be appealable to the appellate court pursuant to Chapters 2, 3, 6, and 7 of Title 5. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall remain in the premises and in possession of h…

Whenever a distress warrant is granted pursuant to this article, the distress warrant may be levied by the marshal, the sheriff, or the deputy on any property belonging to said tenant whether found on the premises or elsewhere; and the marshal, the sheriff, or the deputy shall ad…

The landlord’s lien for his rent shall attach from the time that the affidavit is made pursuant to Code Section 44-7-71; but it shall take precedence over no lien of older date except as to the crop raised on the premises. (Orig. Code 1863, § 2268; Code 1868, § 2260; Code 1873, §…