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.
History. 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).
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