Title 44

CONVEYANCES —Cont’d Partition —Cont’d When physical division of property inequitable. Execution of deed of conveyance to purchaser, §44-6-169. Per acre. Deficiency in number of acres. Apportionment of price, §44-5-35. Perpetuities. Uniform statutory rule against perpetuities, §§44…

Foreclosures arising out of commercial transactions. Writ of possession generally, §§44-14-260 to 44-14-269. WRONGFUL DEATH. Exemptions from levy and sale. Statutory exemptions. Payment on account of wrongful death of individual of whom debtor dependent, §44-13-100. X X-COORDINAT…

Refusal. Anatomical gifts, §44-5-141. Registered forester. Mechanics’ and materialmen’s liens,

Notice of application, §44-6-173. Notice of intention to apply for writ,

APPRAISERS. Exemptions from levy and sale. Objections to schedule. Appointment, §44-13-13. Statutory exemptions. Survey of exempted land or valuation of improvements. Appointment of appraisers on objections, §44-13-103. Partition when physical division of property inequitable. Ap…

Sale on open market, §44-6-187. Report of broker to court, §44-6-188. Sale, partition by, §44-6-185. INDEX PARTITION —Cont’d Heirs property, uniform partition —Cont’d Service by publication. Posting of sign in right-of-way adjacent to property, §44-6-182. Valuation of property, m…

REAL ESTATE BROKERS AND SALESPERSONS —Cont’d Suicide on property subject of real estate transaction. Failure to disclose, §44-1-16. Time shares. License requirement for sales agents and managing agents, §44-3-191. Written brokerage agreement as binding obligation, §44-7-21. REAL …

Developer managed association. Itemized report of expenses,

Conditions precedent and subsequent distinguished; preferred construction and remedy. Right of entry after breach of condition subsequent. Certain conditions void. Effect of legal disabilities on conditions; notice of condition. Nature of estates in remainder and in reversion; ri…

Words necessary to create absolute estate; preference for construing as conveyance; maker’s intention controls; parol evidence. Creation of estate to commence in future; fee in abeyance; fee limited upon fee. Construction of words such as ‘‘heirs’’ or ‘‘heirs of body.’’ Estates t…

(a) The relationship of landlord and tenant is created when the owner of real estate grants to another person, who accepts such grant, the right simply to possess and enjoy the use of such real estate either for a fixed time or at the will of the grantor. In such a case, no estat…

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…

During the term of his tenancy or any continuation thereof or while he is in possession under the landlord, a tenant may remove trade fixtures erected by him. After the term and his possession are ended, any trade fixtures remaining will be regarded as abandoned for the use of th…

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…

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…