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 to
enact the "Homeowners Protection Act"; to provide for a rental intention affidavit regarding
dispossessory proceedings; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in
Article 1 of Chapter 2, relating to recording relative to recording deeds and other real
property transactions, by adding a new Code section to read as follows:
<ins>"44-2-4.1.
(a) This Code section shall be known and may be cited as the 'Homeowners Protection
Act.'
(b) Any person who owns property may file a written affidavit with the clerk of the
superior court of the county where such property resides stating the intention to not subject
such property to rental agreement. Such affidavit shall:
(1) Identify the address of the property;
</ins>
<ins>(2) State that such person is the rightful owner of the property;
(3) State that such property is not currently under a rental agreement; and
(4) Request that any unlawful tenant be removed within one calendar day upon
confirmation of the owner's written affidavit.
(c) The affidavit provided for in subsection (b) of this Code section may be used in
dispossessory proceedings as provided in Code Section 44-7-50."
</ins> SECTION 2.
Said title is further amended by revising subsection (a) of Code Section 44-7-50, relating to
demand for possession, procedure upon a tenant's refusal, and concurrent issuance of federal
lease termination notice, as follows:
"(a) In all cases when a tenant holds possession of lands or tenements over and beyond the
term for which they were rented or leased to such tenant and in all cases when lands or
tenements are held and occupied by any tenant at will or sufferance, whether under contract
of rent or not, when the owner of such lands or tenements desires possession of such lands
or tenements, such owner may, individually or by an agent, attorney at law, or attorney in
fact, demand the possession of the property so rented, leased, held, or occupied. If the
tenant refuses or fails to deliver possession when so demanded, the owner or the agent,
attorney at law, or attorney in fact of such owner may immediately go before the judge of
the superior court, the judge of the state court, or the clerk or deputy clerk of either court,
or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject
matter, or a magistrate in the district where the land lies and make an affidavit under oath
to the facts. <ins>The affidavit as provided in Code Section 44-2-4.1 may also be the basis to
demand the possession of the property.</ins> Such affidavit may likewise be made before a
notary public."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.