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State of Georgia Landlord Tenant Law
Official Code 44-7
The Statutes posted are current through the 2001 Regular Session of
the General Assembly. However, the Statutes posted from the 2001 Regular
Session may not yet be in effect. Users of this service should note that
the effective date of the Statutes are not listed on this service and are
advised to verify the effective date of any Statutes posted on this Web
Site. Any person or entity who relies on information obtained solely from
this Site does so at his or her own risk.
44-7-7.
Sixty days' notice from the landlord or 30 days' notice from the
tenant is necessary to terminate a tenancy at will.
44-7-10.
The tenant shall deliver possession to the landlord at the expiration
of his term; and, if he fails or refuses to do so, a summary remedy
pursuant to Article 3 of this chapter is given to the landlord.
44-7-16.
All contracts for rent shall bear interest from the time the rent is
due.
44-7-50.
(a) In all cases where a tenant holds possession of lands or tenements
over and beyond the term for which they were rented or leased to the
tenant or fails to pay the rent when it becomes due and in all cases
where lands or tenements are held and occupied by any tenant at will
or sufferance, whether under contract of rent or not, when the owner
of the lands or tenements desires possession of the lands or
tenements, the owner may, individually or by an agent, attorney in
fact, or attorney at law, demand the possession of the property so
rented, leased, held, or occupied. If the tenant refuses or fails
to
deliver possession when so demanded, the owner or the agent, attorney
at law, or attorney in fact of the owner may go before the judge of
the superior court, the judge of the state court, or the clerk or
deputy clerk of either court, or the judge or the clerk or deputy
clerk of any other court with jurisdiction over the subject matter,
or
a magistrate in the district where the land lies and make an affidavit
under oath to the facts. The affidavit may likewise be made before
a
notary public, subject to the same requirements for judicial approval
specified in Code Section 18-4-61, relating to garnishment affidavits.
(b) If issued by a public housing authority, the demand for possession
required by subsection (a) of this Code section may be provided
concurrently with the federally required notice of lease termination
in a separate writing.
44-7-51.
(a) When the affidavit provided for in Code Section 44-7-50 is made,
the judge of the superior court, the state court, or any other court
with jurisdiction over the subject matter or the judge, clerk, or
deputy clerk of the magistrate court shall grant and issue a summons
to the sheriff or his deputy or to any lawful constable of the county
where the land is located. A copy of the summons and a copy of
the
affidavit shall be personally served upon the defendant. If the
sheriff is unable to serve the defendant personally, service may be
had by delivering the summons and the affidavit to any person who is
sui juris residing on the premises or, if after reasonable effort no
such person is found residing on the premises, by posting a copy of
the summons and the affidavit on the door of the premises and, on the
same day of such posting, by enclosing, directing, stamping, and
mailing by first-class mail a copy of the summons and the affidavit
to
the defendant at his last known address, if any, and making an entry
of this action on the affidavit filed in the case.
(b) The summons served on the defendant pursuant to subsection (a) of
this Code section shall command and require the tenant to answer
either orally or in writing within seven days from the date of the
actual service unless the seventh day is a Saturday, a Sunday, or a
legal holiday, in which case the answer may be made on the next day
which is not a Saturday, a Sunday, or a legal holiday. If the answer
is oral, the substance thereof shall be endorsed on the dispossessory
affidavit. The answer may contain any legal or equitable defense or
counterclaim. The landlord need not appear on the date of the tenant's
response. The last possible date to answer shall be stated on the
summons.
44-7-52.
In an action for nonpayment of rent, the tenant shall be allowed to
tender to the landlord, within seven days of the day the tenant was
served with the summons pursuant to Code Section 44-7-51, all rents
allegedly owed plus the cost of the dispossessory warrant. Such a
tender shall be a complete defense to the action; provided, however,
that a landlord is required to accept such a tender from any
individual tenant after the issuance of a dispossessory summons only
once in any 12 month period.
44-7-53.
(a) If the tenant fails to answer as provided in subsection (b) of
Code Section 44-7-51, the court shall issue a writ of possession
instanter notwithstanding Code Section 9-11-55 or Code Section
9-11-62; and the plaintiff shall be entitled to a verdict and judgment
by default for all rents due, in open court or in chambers, as if
every item and paragraph of the affidavit provided for in Code Section
44-7-50 were supported by proper evidence, without the intervention
of
a jury.
(b) If the tenant answers, a trial of the issues shall be had in
accordance with the procedure prescribed for civil actions in courts
of record except that if the action is tried in the magistrate court
the trial shall be had in accordance with the procedures prescribed
for that court. Every effort should be made by the trial court to
expedite a trial of the issues. The defendant shall be allowed
to
remain in possession of the premises pending the final outcome of the
litigation; provided, however, that, at the time of his answer, the
tenant must pay rent into the registry of the court pursuant to Code
Section 44-7-54.
44-7-54.
(a) In any case where the issue of the right of possession cannot be
finally determined within two weeks from the date of service of the
copy of the summons and the copy of the affidavit, the tenant shall
be
required to pay into the registry of the trial court:
(1) All rent and utility payments which are the responsibility
of
the tenant payable to the landlord under terms of the lease
which
become due after the issuance of the dispossessory warrant,
said
rent and utility payments to be paid as such become due. If
the
landlord and the tenant disagree as to the amount of rent, either
or
both of them may submit to the court any written rental contract
for
the purpose of establishing the amount of rent to be paid into
the
registry of the court. If the amount of rent is in controversy
and
no written rental agreement exists between the tenant and landlord,
the court shall require the amount of rent to be a sum equal
to the
last previous rental payment made by the tenant and accepted
by the
landlord without written objection; and
(2) All rent and utility payments which are the responsibility
of
the tenant payable to the landlord under terms of the lease
allegedly owed prior to the issuance of the dispossessory warrant;
provided, however, that, in lieu of such payment, the tenant
shall
be allowed to submit to the court a receipt indicating that
payment
has been made to the landlord. In the event that the amount
of rent
is in controversy, the court shall determine the amount of rent
to
be paid into court in the same manner as provided in paragraph
(1)
of this subsection.
(b) If the tenant should fail to make any payment as it becomes due
pursuant to paragraph (1) or (2) of subsection (a) of this Code
section, the court shall issue a writ of possession and the landlord
shall be placed in full possession of the premises by the sheriff,
the
deputy, or the constable.
(c) The court shall order the clerk of the court to pay to the
landlord the payments claimed under the rental contracts paid into
the
registry of the court as said payments are made; provided, however,
that, if the tenant claims that he is entitled to all or any part of
the funds and such claim is an issue of controversy in the litigation,
the court shall order the clerk to pay to the landlord without delay
only that portion of the funds to which the tenant has made no claim
in the proceedings or may make such other order as is appropriate
under the circumstances. That part of the funds which is a matter
of
controversy in the litigation shall remain in the registry of the
court until a final determination of the issues.
44-7-55.
(a) If, on the trial of the case, the judgment is against the tenant,
judgment shall be entered against the tenant for all rents due and
for
any other claim relating to the dispute. The court shall issue
a writ
of possession, both of execution for the judgment amount and a writ
to
be effective at the expiration of ten days after the date such
judgment was entered, except as otherwise provided in Code Section
44-7-56.
(b) If the judgment is for the tenant, he shall be entitled to remain
in the premises and the landlord shall be liable for all foreseeable
damages shown to have been caused by his wrongful conduct. Any funds
remaining in the registry of the court shall be distributed to the
parties in accordance with the judgment of the court.
44-7-56.
Any judgment by the trial court shall be appealable pursuant to
Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal
shall be filed within ten days of the date such judgment was entered
and provided, further, that, after the notice of appeal is filed with
the clerk of the trial court, the clerk shall immediately notify the
trial judge of the notice of appeal and the trial judge may, within
15
days, supplement the record with findings of fact and conclusions of
law which will be considered as a part of the order of the judge in
that case. If the judgment of the trial court is against the
tenant
and the tenant appeals this judgment, the court may upon motion of
the
landlord and upon good cause shown order the tenant to pay into the
registry of the court all sums found by the trial court to be due for
rent in order to remain in possession of the premises. The tenant
shall also be required to pay all future rent as it becomes due into
the registry of the trial court pursuant to paragraph (1) of
subsection (a) of Code Section 44-7-54 until the issue has been
finally determined on appeal.
44-7-57.
This article shall apply to croppers and servants who continue to hold
possession of lands and tenements after their employment as croppers
or servants has terminated and in the same manner as it relates to
tenants.
44-7-58.
Anyone who, under oath or affirmation, knowingly and willingly makes
a
false statement in an affidavit signed pursuant to Code Section
44-7-50 or in an answer filed pursuant to Code Section 44-7-51 shall
be guilty of a misdemeanor.
44-7-59.
If the court issues a writ of possession to property upon which the
tenant has placed a manufactured home, mobile home, trailer, or other
type of transportable housing and the tenant does not move the same
within ten days after a final order is entered, the landlord shall
be
entitled to have such transportable housing moved from the property
at
the expense of the tenant by a motor common carrier licensed by the
Public Service Commission for the transportation of manufactured
housing. There shall be a lien upon such transportable housing
to the
extent of moving fees and storage expenses in favor of the person
performing such services. Such lien may be claimed and foreclosed
in
the same manner as special liens on personalty by mechanics under Code
Sections 44-14-363 and 44-14-550, except that storage fees not to
exceed $4.00 per day shall be expressly allowed.
44-7-70.
The landlord shall have power to distrain for rent as soon as the same
is due if the tenant is seeking to remove his property from the
premises.
44-7-71.
When rent is due or the tenant is seeking to remove his property, the
landlord, his agent, his attorney in fact, or his attorney at law may,
upon a statement of the facts under oath, apply for a distress warrant
before the judge of the superior court, the state court, the civil
court, or the magistrate court within the county where the tenant may
reside or where his property may be found.
44-7-72.
When the affidavit provided for in Code Section 44-7-71 is made, the
judge of the superior court, the state court, the civil court, or the
magistrate court before whom it was made shall grant and issue a
summons to the marshal or the sheriff or his deputy of the county
where the tenant resides or where his property may be found. A copy
of
the summons and the affidavit shall be personally served upon the
defendant. If an officer is unable to serve the defendant personally,
service may be given by delivering the summons and affidavit to any
person who is sui juris residing on the premises. The summons served
on the defendant pursuant to this Code section shall command and
require the tenant to appear at a hearing on a day certain not less
than five nor more than seven days from the date of actual service.
44-7-73.
In an action for nonpayment of rent, the tenant shall be allowed to
tender to the landlord, within seven days of the day the tenant was
served with the summons pursuant to Code Section 44-7-72, all rents
allegedly owed plus the cost of the distress warrant. Such a tender
shall be a complete defense to the action.
44-7-74.
(a) At or before the time of the hearing, the defendant may answer in
writing. The defendant may answer orally at the time of the hearing.
If the answer is oral, the substance thereof shall be endorsed upon
the affidavit. The answer may contain any legal or equitable defense
or counterclaim.
(b) If the tenant fails to answer, the court shall grant a distress
warrant; and the plaintiff shall be entitled to a verdict and judgment
by default for all rents due as if every item and paragraph of the
affidavit provided for in Code Section 44-7-71 were supported by
proper evidence, which verdict shall be in open court or chambers and
without the intervention of a jury.
(c) If the tenant answers, a trial of the issues shall be had in
accordance with the procedure prescribed for civil actions in courts
of record except that if the action is tried in the magistrate court
the trial shall be had in accordance with the procedures prescribed
for that court. Every effort shall be made by the trial court to
expedite a trial of the issues. The defendant shall be allowed to
remain in possession of the premises and his property pending the
final outcome of the litigation, provided that he complies with Code
Section 44-7-75.
44-7-75.
(a) At the time the tenant answers, the tenant shall pay into the
registry of the trial court all rent admittedly owed prior to the
issuance of the summons; provided, however, that, in lieu of such
payment, the tenant shall be allowed to submit to the court a receipt
indicating that the payment has been made to the landlord. In the
event that the amount of rent is in controversy, the court shall
determine the amount of rent to be paid into court in the same manner
as provided in subsection (b) of this Code section.
(b) The tenant shall pay into the registry of the trial court all rent
which becomes due after the issuance of the summons and shall pay said
rent as it becomes due. If the landlord and tenant disagree as to the
amount of rent, either or both of them may submit to the court any
written rental contract for the purpose of establishing the amount
of
the rent to be paid into the registry of the court. If the amount of
rent is in controversy and no written rental agreement exists between
the tenant and the landlord, the court shall require the amount of
rent to be a sum equal to the last previous rental payment made by
the
tenant and accepted by the landlord without written objection.
(c) If the landlord is also seeking a dispossessory warrant against
the tenant pursuant to Article 3 of this chapter, money paid into
court under Code Section 44-7-54 shall fully satisfy the requirements
under subsections (a) and (b) of this Code section.
(d) After the date of the service of the summons as provided in Code
Section 44-7-72, the tenant shall not transfer, convey, remove, or
conceal his property without either posting bond as provided in Code
Section 44-7-76 or complying with subsections (a) and (b) of this Code
section.
(e) If the tenant shall fail to comply with any of the provisions of
this Code section, the tenant shall not be entitled to retain
possession of his property pending a trial on the merits as provided
by Code Section 44-7-74 unless he posts bond as provided by Code
Section 44-7-76. Failure to comply with any provision of this Code
section shall in no way affect the tenant's ability to litigate the
issues raised in his answer but shall only affect the possession of
the property pendente lite. If judgment is against the tenant, the
property involved shall be seized by the marshal, the sheriff, or the
deputy, as the case may be, and held thereby for levy and sale after
judgment as provided by Code Section 44-7-79.
(f) The court shall order the clerk of the court to pay to the
landlord the amounts paid into the registry of the court as such
payments are made; provided, however, that, if the tenant claims that
he is entitled to all or a part of the funds and such claim is an
issue of controversy in the litigation, the court shall order the
clerk to pay to the landlord without delay only that portion of the
funds to which the tenant has made no claim in the proceedings. That
part of the funds which is a matter of controversy in the litigation
shall remain in the registry of the court until a final determination
of the issues.
44-7-76.
In all cases where the tenant may desire to transfer, remove, or
convey any of his property after the service of summons, the tenant
shall post bond with good security for a sum equal to the value of
the
property or the amount of the rent alleged to be due, whichever is
less, to be estimated by the judge, for the delivery of the property
at the time and place of sale if the property shall be found subject
to such rent. Upon the approval of the bond by the judge, the tenant
may convey, transfer, or remove his property without restriction.
44-7-77.
(a) If, on the trial of the case, the judgment is against the tenant,
the judgment shall be entered against the tenant for all rent due and
for any other claim relating to the dispute and the distress warrant
shall be granted.
(b) If the judgment is for the tenant, he shall be entitled to remain
in the premises and in possession of his property and the landlord
shall be liable for all foreseeable damages shown to have been caused
by his wrongful conduct. Any funds remaining in the registry of the
court shall be distributed to the parties in accordance with the
judgment of the court. If the tenant has been deprived of the
possession of his property pendente lite pursuant to subsection (e)
of
Code Section 44-7-75, the court shall order that the property be
returned immediately to the tenant.
44-7-78.
Any judgment by the trial court shall be appealable to the appellate
court pursuant to Chapters 2, 3, 6, and 7 of Title 5. If the judgment
of the trial court is against the tenant and the tenant appeals this
judgment, the tenant shall remain in the premises and in possession
of
his property; provided, however, that the tenant shall comply with
all
provisions of Code Section 44-7-75 or 44-7-76 until the issue has been
finally determined on appeal.
44-7-79.
Whenever a distress warrant is granted pursuant to this article, the
distress warrant may be levied by the marshal, the sheriff, or the
deputy on any property belonging to said tenant whether found on the
premises or elsewhere; and the marshal, the sheriff, or the deputy
shall advertise and sell the property in the same manner as in the
case of levy and sale under execution.
44-7-80.
The landlord's lien for his rent shall attach from the time that the
affidavit is made pursuant to Code Section 44-7-71; but it shall take
precedence over no lien of older date except as to the crop raised
on
the premises.
44-7-81.
A third person may make a claim to the distrained property by giving
the oath and the bond as is required in cases of other claims. Such
a
claim shall be returned and tried as is provided by law for the trial
of the right of property levied upon by execution.
44-7-82.
(a) As used in this Code section, the term "mobile home" means a
movable or portable dwelling over 32 feet in length and over eight
feet wide which is constructed to be towed on its own chassis and to
be connected to utilities and is designed without a permanent
foundation for year-round occupancy. A mobile home may consist of one
or more components that can be retracted for towing purposes and
subsequently expanded for additional capacity or may consist of two
or
more units separately towable but designed to be joined into one
integral unit.
(b) A tenant's mobile home, as defined in subsection (a) of this Code
section, shall be considered "property," as that term is used in this
article.
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