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 the landlord and will become the landlord’s property.
History. Civil Code 1895, § 3120; Civil Code 1910, § 3696; Code 1933, § 61-110.
History of Code section.
This Code section is derived from the decisions in Youngblood & Harris v. Eubank, 68 Ga. 630 (1881), and Wright v. DuBignon, 114 Ga. 765 , 40 S.E. 747 , 57 L.R.A. 669 (1902).
Law reviews.
For article discussing lawful removal of fixtures by tenant, see 4 Ga. B.J. 16 (1942).
For article on the law governing the removal of trade fixtures from property in Georgia, see 19 Ga. B.J. 35 (1956).
For article discussing U.C.C. provisions establishing a security interest in fixtures as a means of protecting sellers, see 16 Mercer L. Rev. 404 (1965).
For article discussing origin and construction of Georgia provision concerning tenant’s rights to fixtures constructed by him, see 14 Ga. L. Rev. 239 (1980).
For article, “Usufructs and Estates for Years Distinguished,” see 18 Ga. St. B.J. 116 (1982).
Structure Georgia Code
Chapter 7 - Landlord and Tenant
§ 44-7-3. Disclosure of Ownership and Agents; Effect of Failure to Comply
§ 44-7-5. When Implied Contract to Pay Rent Arises
§ 44-7-6. Tenancy at Will — Creation When No Time Period Specified
§ 44-7-7. Tenancy at Will — Notice Required for Termination
§ 44-7-8. Tenancy at Will — Right of Tenant to Emblements
§ 44-7-9. Estoppel to Dispute Landlord’s Title or Attorn to Another
§ 44-7-10. Delivery of Possession at End of Term; Summary Remedy
§ 44-7-11. Specific Rights of Tenants
§ 44-7-12. Removal of Trade Fixtures During Term; When Abandoned
§ 44-7-13. Landlord’s Duties as to Repairs and Improvements
§ 44-7-14. Tort Liability of Landlord
§ 44-7-14.1. Landlord’s Duties as to Utilities
§ 44-7-15. Effect of Destruction of Tenement on Obligation to Pay Rent
§ 44-7-16. Accrual of Interest on Rent Owed
§ 44-7-17. Exemption From Liens Against Tenant of Crops Paid as Rent
§ 44-7-18. Effect of Leases for Purposes of Prostitution or Assignation
§ 44-7-19. Restrictions on Rent Regulation by Local Governments
§ 44-7-20. Notification to Prospective Tenant of Property’s Propensity Toward Flooding
§ 44-7-21. Written Brokerage Agreement as Binding Obligation; Notice of Commission Rights Form
§ 44-7-22. Termination of a Residential Rental Agreement by a Service Member