Georgia Commons

Title 44. PROPERTY

Chapter 7. LANDLORD AND TENANT

73 sections · 44-7-1 to 44-7-119

Article 1. IN GENERAL

  1. 44-7-1Creation of landlord and tenant relationship; rights of tenant; construction of lease for less than five years.
  2. 44-7-2Parol contract creating landlord and tenant relationship; certain provisions prohibited; effect of provision for attorney’s fees.
  3. 44-7-3Disclosure of ownership and agents; effect of failure to comply.
  4. 44-7-4Local ordinances relating to security of premises occupied by tenants; cumulative effect of this Code section.
  5. 44-7-5When implied contract to pay rent arises.
  6. 44-7-6Tenancy at will — Creation when no time period specified.
  7. 44-7-7Tenancy at will — Notice required for termination.
  8. 44-7-8Tenancy at will — Right of tenant to emblements.
  9. 44-7-9Estoppel to dispute landlord’s title or attorn to another.
  10. 44-7-10Delivery of possession at end of term; summary remedy.
  11. 44-7-11Specific rights of tenants.
  12. 44-7-12Removal of trade fixtures during term; when abandoned.
  13. 44-7-13Landlord’s duties as to repairs and improvements.
  14. 44-7-14Tort liability of landlord.
  15. 44-7-14.1Landlord’s duties as to utilities.
  16. 44-7-15Effect of destruction of tenement on obligation to pay rent.
  17. 44-7-16Accrual of interest on rent owed.
  18. 44-7-17Exemption from liens against tenant of crops paid as rent.
  19. 44-7-18Effect of leases for purposes of prostitution or assignation.
  20. 44-7-19Restrictions on rent regulation by local governments.
  21. 44-7-20Notification to prospective tenant of property’s propensity toward flooding.
  22. 44-7-21Written brokerage agreement as binding obligation; notice of commission rights form.
  23. 44-7-22Termination of a residential rental agreement by a service member.
  24. 44-7-23Termination of residential lease after issuance of civil or criminal family violence order or civil or criminal stalking order; notice; occupancy, waiver or modification prohibited.
  25. 44-7-24Establishment of a prima-facie case of retaliation by tenant against landlord; elements; exception; remedies; rebuttable defense.
  26. 44-7-25Use of brokers by nonresident landlords.

Article 2. SECURITY DEPOSITS

  1. 44-7-30Definitions.
  2. 44-7-30.1Limitation on security deposit.
  3. 44-7-31Placement of security deposit in trust in escrow account; notice to tenant of account location.
  4. 44-7-32Surety bond in lieu of escrow account; withdrawal of surety; fees; liability of clerk of superior court.
  5. 44-7-33Lists of existing defects and of damages during tenancy; inspection of premises by landlord upon termination of lease and vacation or surrender of premises; right of tenant to inspect and dissent; action to recover security deposit.
  6. 44-7-34Return of security deposit; grounds for retention of part; delivery of statement and sum due to tenant; unclaimed deposit; court determination of disposition of deposit.
  7. 44-7-35Remedies for landlord’s noncompliance with article.
  8. 44-7-36Certain rental units exempt from article.
  9. 44-7-37Liability for rent of military personnel receiving change of duty orders.

Article 3. DISPOSSESSORY PROCEEDINGS

  1. 44-7-49Definitions.
  2. 44-7-50Demand for possession; procedure upon a tenant’s refusal; notice to vacate or pay.
  3. 44-7-51Issuance of summons; service; time for answer; defenses and counterclaims.
  4. 44-7-52When tender of payment by tenant serves as complete defense.
  5. 44-7-53When writ of possession issued; trial of issues; possession pending trial.
  6. 44-7-54Payment of rent and utility payments into court; issuance of writ upon failure to pay; disposition of funds.
  7. 44-7-55Judgment; writ of possession; landlord’s liability for wrongful conduct; distribution of funds paid into court; personal property.
  8. 44-7-56Appeal; procedure; possession and payment of rent pending appeal.
  9. 44-7-57Application of article to croppers and servants.
  10. 44-7-58False statements in affidavit or answer; penalty.
  11. 44-7-59Removal of transportable housing from lands subject to writ of possession.

Article 4. DISTRESS WARRANTS

  1. 44-7-70Power of landlord to distrain for rent.
  2. 44-7-71Application for distress warrant.
  3. 44-7-72Issuance of summons; service on defendant; time for hearing.
  4. 44-7-73When tender of payment by tenant serves as complete defense.
  5. 44-7-74Answer; grant of distress warrant on failure to answer; trial; possession pending final outcome.
  6. 44-7-75Payment of rent into court; transfer and possession of property pending trial; seizure; disposition of funds.
  7. 44-7-76Bond; determination of amount; effect of approval on alienability of property.
  8. 44-7-77Judgment and satisfaction; landlord’s liability; distribution of funds; return of property.
  9. 44-7-78Appeal; possession pending appeal.
  10. 44-7-79Execution and levy of distress warrant; sale.
  11. 44-7-80Time for attachment of landlord’s lien; priorities.
  12. 44-7-81Claims by third persons; oath and bond; method of trial.
  13. 44-7-82Application of article to tenant’s mobile home.

Article 5. CROPPERS

  1. 44-7-100Nature of relationship between owner and cropper.
  2. 44-7-101Title to crops.
  3. 44-7-102Recovery of crops sold or disposed of without landlord’s consent.
  4. 44-7-103Illegal sale by cropper; refusal of landlord to deliver cropper’s share; penalties.

Article 6. ABANDONED MOBILE HOME

  1. 44-7-110Short title.
  2. 44-7-111Legislative findings and intent.
  3. 44-7-112Definitions.
  4. 44-7-113Government agent to assess abandoned mobile home; lien on intact mobile home; derelict mobile homes; notice; governmental immunity.
  5. 44-7-114Hearing on findings of derelict mobile homes.
  6. 44-7-115Foreclosure of liens on abandoned or intact mobile homes.
  7. 44-7-116Public sales; procedure; penalty for noncompliance.
  8. 44-7-117Clerk’s role in management of proceeds.
  9. 44-7-118Documentation for purchaser.
  10. 44-7-119Appointment of local government agent not required.