44-7-5. When implied contract to pay rent arises.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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 adverse to the plaintiff, no such implication arises.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Civil Code 1895, § 3116; Civil Code 1910, § 3692; Code 1933, § 61-103.

History of Code section.: This Code section is derived from the decision in Lathrop v. Standard Oil Co., 83 Ga. 307, 9 S.E. 1041 (1889).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, page 782; merge action: carried; file SHA-256 490191d3dc54.