HB415: HB415 Homeowners Protection Act; enact

25 LC 48 1475 House Bill 415 By: Representatives Jones of the 25th, Seabaugh of the 34th, Barrett of the 24th, Petrea of the 166th, Corbett of the 174th, and others A BILL TO BE ENTITLED AN ACT To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to1 enact the "Homeowners Protection Act"; to provide for a rental intention affidavit regarding2 dispossessory proceedings; to provide for related matters; to repeal conflicting laws; and for3 other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in7 Article 1 of Chapter 2, relating to recording relative to recor ding deeds and other real8 property transactions, by adding a new Code section to read as follows:9 "44-2-4.1.10 (a) This Code section shall be known and may be cited as the ' Homeowners Protection11 Act.'12 (b) Any person who owns property may file a written affidavit with the clerk of the13 superior court of the county where such property resides stating the intention to not subject14 such property to rental agreement. Such affidavit shall:15 (1) Identify the address of the property;16 H. B. 415 - 1 - 25 LC 48 1475 (2) State that such person is the rightful owner of the property;17 (3) State that such property is not currently under a rental agreement; and18 (4) Request that any unlawful tenant be removed within one cal endar day upon19 confirmation of the owner's written affidavit.20 (c) The affidavit provided for in subsection (b) of this Code section may be used in21 dispossessory proceedings as provided in Code Section 44-7-50."22 SECTION 2.23 Said title is further amended by revising subsection (a) of Code Section 44-7-50, relating to24 demand for possession, procedure upon a tenant's refusal, and concurrent issuance of federal25 lease termination notice, as follows:26 "(a) In all cases when a tenant holds possession of lands or tenements over and beyond the27 term for which they were rented or leased to such tenant and in all cases when lands or28 tenements are held and occupied by any tenant at will or sufferance, whether under contract29 of rent or not, when the owner of such lands or tenements desires possession of such lands30 or tenements, such owner may, individually or by an agent, attorney at law, or attorney in31 fact, demand the possession of the property so rented, leased, held, or occupied. If the32 tenant refuses or fails to deliver possession when so demanded, the owner or the agent,33 attorney at law, or attorney in fact of such owner may immediately go before the judge of34 the superior court, the judge of the state court, or the clerk or deputy clerk of either court,35 or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject36 matter, or a magistrate in the district where the land lies and make an affidavit under oath37 to the facts. The affidavit as provided in Code Section 44-2-4.1 may also be the basis to38 demand the possession of the property. Such affidavit may likewise be made before a39 notary public."40 H. B. 415 - 2 - 25 LC 48 1475 SECTION 3.41 All laws and parts of laws in conflict with this Act are repealed.42 H. B. 415 - 3 -