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Article 1 - In General
§ 44-7-1. Creation of Landlord and Tenant Relationship; Rights of Tenant; Construction of Lease for Less Than Five Years - History. Orig. Code 1863, § 2261; Code 1868, § 2253;...
§ 44-7-2. Parol Contract Creating Landlord and Tenant Relationship; Certain Provisions Prohibited; Effect of Provision for Attorney’s Fees - History. Orig. Code 1863, § 2262; Code 1868, § 2254;...
§ 44-7-3. Disclosure of Ownership and Agents; Effect of Failure to Comply - In the event of a change in any of the...
§ 44-7-4. Local Ordinances Relating to Security of Premises Occupied by Tenants; Cumulative Effect of This Code Section - History. Code 1933, § 61-102.2, enacted by Ga. L. 1976,...
§ 44-7-5. When Implied Contract to Pay Rent Arises - When, in an action for rent, title is shown in...
§ 44-7-6. Tenancy at Will — Creation When No Time Period Specified - Where no time is specified for the termination of a...
§ 44-7-7. Tenancy at Will — Notice Required for Termination - Sixty days’ notice from the landlord or 30 days’ notice...
§ 44-7-8. Tenancy at Will — Right of Tenant to Emblements - The tenant at will is entitled to his emblements if...
§ 44-7-9. Estoppel to Dispute Landlord’s Title or Attorn to Another - The tenant may not dispute his landlord’s title or attorn...
§ 44-7-10. Delivery of Possession at End of Term; Summary Remedy - The tenant shall deliver possession to the landlord at the...
§ 44-7-11. Specific Rights of Tenants - The tenant has no rights beyond the use of the...
§ 44-7-12. Removal of Trade Fixtures During Term; When Abandoned - During the term of his tenancy or any continuation thereof...
§ 44-7-13. Landlord’s Duties as to Repairs and Improvements - The landlord must keep the premises in repair. He shall...
§ 44-7-14. Tort Liability of Landlord - Having fully parted with possession and the right of possession,...
§ 44-7-14.1. Landlord’s Duties as to Utilities - History. Code 1981, § 44-7-14.1 , enacted by Ga. L....
§ 44-7-15. Effect of Destruction of Tenement on Obligation to Pay Rent - The destruction of a tenement by fire or the loss...
§ 44-7-16. Accrual of Interest on Rent Owed - All contracts for rent shall bear interest from the time...
§ 44-7-17. Exemption From Liens Against Tenant of Crops Paid as Rent - When it is agreed that the tenant shall pay to...
§ 44-7-18. Effect of Leases for Purposes of Prostitution or Assignation - History. Ga. L. 1943, p. 568, § 3. Cross references....
§ 44-7-19. Restrictions on Rent Regulation by Local Governments - No county or municipal corporation may enact, maintain, or enforce...
§ 44-7-20. Notification to Prospective Tenant of Property’s Propensity Toward Flooding - When the owner of real property, either directly or through...
§ 44-7-21. Written Brokerage Agreement as Binding Obligation; Notice of Commission Rights Form - The conveyance or transfer of the real property coupled with...
§ 44-7-22. Termination of a Residential Rental Agreement by a Service Member - History. Code 1981, § 44-7-22 , enacted by Ga. L....
§ 44-7-23. Termination of Residential Lease After Issuance of Civil or Criminal Family Violence Order or Civil or Criminal Stalking Order; Notice; Occupancy, Waiver or Modification Prohibited - History. Code 1981, § 44-7-23 , enacted by Ga. L....
§ 44-7-24. Establishment of a Prima-Facie Case of Retaliation by Tenant Against Landlord; Elements; Exception; Remedies; Rebuttable Defense - History. Code 1981, § 44-7-24 , enacted by Ga. L....
Article 2 - Security Deposits
§ 44-7-30. Definitions - As used in this article, the term: History. Code 1933,...
§ 44-7-31. Placement of Security Deposit in Trust in Escrow Account; Notice to Tenant of Account Location - Except as provided in Code Section 44-7-32, whenever a security...
§ 44-7-32. Surety Bond in Lieu of Escrow Account; Withdrawal of Surety; Fees; Liability of Clerk of Superior Court - History. Code 1933, § 61-603, enacted by Ga. L. 1976,...
§ 44-7-33. Lists 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 - History. Code 1933, § 61-604, enacted by Ga. L. 1976,...
§ 44-7-34. Return of Security Deposit; Grounds for Retention of Part; Delivery of Statement and Sum Due to Tenant; Unclaimed Deposit; Court Determination of Disposition of Deposit - History. Code 1933, § 61-605, enacted by Ga. L. 1976,...
§ 44-7-35. Remedies for Landlord’s Noncompliance With Article - History. Code 1933, § 61-606, enacted by Ga. L. 1976,...
§ 44-7-36. Certain Rental Units Exempt From Article - Code Sections 44-7-31, 44-7-32, 44-7-33, and 44-7-35 shall not apply...
§ 44-7-37. Liability for Rent of Military Personnel Receiving Change of Duty Orders - Notwithstanding any other provision of this chapter, if a person...
Article 3 - Dispossessory Proceedings
§ 44-7-49. Definitions - As used in this article, the term: History. Code 1981,...
§ 44-7-50. Demand for Possession; Procedure Upon a Tenant’s Refusal; Concurrent Issuance of Federal Lease Termination Notice - History. Laws 1827, Cobb’s 1851 Digest, p. 901.; Ga. L....
§ 44-7-51. Issuance of Summons; Service; Time for Answer; Defenses and Counterclaims - History. Laws 1827, Cobb’s 1851 Digest, p. 902; Code 1863,...
§ 44-7-52. When Tender of Payment by Tenant Serves as Complete Defense - History. Code 1933, § 61-309, enacted by Ga. L. 1970,...
§ 44-7-53. When Writ of Possession Issued; Trial of Issues; Possession Pending Trial - History. Laws 1827, Cobb’s 1851 Digest, p. 902; Code 1863,...
§ 44-7-54. Payment of Rent and Utility Payments Into Court; Issuance of Writ Upon Failure to Pay; Disposition of Funds - History. Code 1933, § 61-304, enacted by Ga. L. 1970,...
§ 44-7-55. Judgment; Writ of Possession; Landlord’s Liability for Wrongful Conduct; Distribution of Funds Paid Into Court; Personal Property - History. Code 1933, § 61-305, enacted by Ga. L. 1970,...
§ 44-7-56. [Effective Until July 1, 2023. See note.] Appeal; Possession and Payment of Rent Pending Appeal - Any judgment by the trial court shall be appealable pursuant...
§ 44-7-56. [Effective July 1, 2023. See note.] Appeal; Procedure; Possession and Payment of Rent Pending Appeal - History. Code 1933, § 61-306, enacted by Ga. L. 1970,...
§ 44-7-57. Application of Article to Croppers and Servants - This article shall apply to croppers and servants who continue...
§ 44-7-58. False Statements in Affidavit or Answer; Penalty - Anyone who, under oath or affirmation, knowingly and willingly makes...
§ 44-7-59. Removal of Transportable Housing From Lands Subject to Writ of Possession - If the court issues a writ of possession to property...
Article 4 - Distress Warrants
§ 44-7-70. Power of Landlord to Distrain for Rent - The landlord shall have power to distrain for rent as...
§ 44-7-71. Application for Distress Warrant - When rent is due or the tenant is seeking to...
§ 44-7-72. Issuance of Summons; Service on Defendant; Time for Hearing - When the affidavit provided for in Code Section 44-7-71 is...
§ 44-7-73. When Tender of Payment by Tenant Serves as Complete Defense - In an action for nonpayment of rent, the tenant shall...
§ 44-7-74. Answer; Grant of Distress Warrant on Failure to Answer; Trial; Possession Pending Final Outcome - History. Ga. L. 1920, p. 147, § 1; Code 1933,...
§ 44-7-75. Payment of Rent Into Court; Transfer and Possession of Property Pending Trial; Seizure; Disposition of Funds - History. Code 1933, § 61-405, enacted by Ga. L. 1975,...
§ 44-7-76. Bond; Determination of Amount; Effect of Approval on Alienability of Property - In all cases where the tenant may desire to transfer,...
§ 44-7-77. Judgment and Satisfaction; Landlord’s Liability; Distribution of Funds; Return of Property - History. Code 1933, § 61-406, enacted by Ga. L. 1975,...
§ 44-7-78. Appeal; Possession Pending Appeal - Any judgment by the trial court shall be appealable to...
§ 44-7-79. Execution and Levy of Distress Warrant; Sale - Whenever a distress warrant is granted pursuant to this article,...
§ 44-7-80. Time for Attachment of Landlord’s Lien; Priorities - The landlord’s lien for his rent shall attach from the...
§ 44-7-81. Claims by Third Persons; Oath and Bond; Method of Trial - A third person may make a claim to the distrained...
§ 44-7-82. Application of Article to Tenant’s Mobile Home - History. Code 1933, § 61-413, enacted by Ga. L. 1978,...
Article 5 - Croppers
§ 44-7-100. Nature of Relationship Between Owner and Cropper - Where a person is employed to work for part of...
§ 44-7-101. Title to Crops - Whenever the relationship of landlord and cropper exists, the title...
§ 44-7-102. Recovery of Crops Sold or Disposed of Without Landlord’s Consent - In all cases where a cropper unlawfully sells or otherwise...
§ 44-7-103. Illegal Sale by Cropper; Refusal of Landlord to Deliver Cropper’s Share; Penalties - History. Ga. L. 1889, p. 113, § 2; Ga. L....
Article 6 - Abandoned Mobile Home
§ 44-7-110. Short Title - This article shall be known and may be cited as...
§ 44-7-111. Legislative Findings and Intent - The General Assembly finds that abandoned mobile homes are a...
§ 44-7-112. Definitions - As used in this article, the term: History. Code 1981,...
§ 44-7-113. Government Agent to Assess Abandoned Mobile Home; Lien on Intact Mobile Home; Derelict Mobile Homes; Notice; Governmental Immunity - You are hereby notified that this mobile home (describe make,...
§ 44-7-114. Hearing on Findings of Derelict Mobile Homes - History. Code 1981, § 44-7-114 , enacted by Ga. L....
§ 44-7-115. [Effective Until July 1, 2023. See note.] Foreclosure of Liens on Abandoned or Intact Mobile Homes - Notwithstanding any conflicting provisions in Code Section 44-14-349, all liens...
§ 44-7-115. [Effective July 1, 2023. See note.] Foreclosure of Liens on Abandoned or Intact Mobile Homes - Notwithstanding any conflicting provisions in Code Section 44-14-349, all liens...
§ 44-7-116. “Public Sale” Defined; Procedure; Penalty for Noncompliance - History. Code 1981, § 44-7-116 , enacted by Ga. L....
§ 44-7-117. Clerk’s Role in Management of Proceeds - The clerk of the magistrate court shall retain the remaining...
§ 44-7-118. Documentation for Purchaser - The purchaser at a sale as authorized by this article...
§ 44-7-119. Appointment of Local Government Agent Not Required - Nothing in this article shall be construed to require a...