Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.
History. Civil Code 1895, § 3118; Civil Code 1910, § 3694; Code 1933, § 61-112; Ga. L. 1982, p. 3, § 44.
History of Code section.
This Code section is derived from the decisions in J.B. White & Co. v. Montgomery, 58 Ga. 204 (1877), and Freidenburg & Co. v. Jones, 63 Ga. 612 (1879).
Cross references.
Liability of owners and occupiers of land, § 51-3-1 et seq.
Law reviews.
For comment on Martin v. Medlin, 81 Ga. App. 602 , 59 S.E.2d 519 (1950), see 13 Ga. B.J. 240 (1950).
For note advocating reasonable man standard for tort liability of landlord, see 23 Emory L.J. 1051 (1974).
For article surveying torts law, see 34 Mercer L. Rev. 271 (1982).
For survey article on tort law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 425 (2003).
For note, “Don’t Let the Bed Bugs Bill: Landlord Liability for Bed Bug Infestations,” see 34 Ga. St. U. L. Rev. 479 (2018).
For article with annual survey on torts, see 73 Mercer L. Rev. 243 (2021).
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