Official Code 44-7
44-7-1 G
*** CODE SECTION *** 12/03/01
44-7-1.
(a) The relationship of landlord and tenant is created when the
owner of real estate grants to another person, who accepts such
grant, the right simply to possess and enjoy the use of such real
estate either for a fixed time or at the will of the grantor. In
such a case, no estate passes out of the landlord and the tenant has
only a usufruct which may not be conveyed except by the landlord's
consent and which is not subject to levy and sale.
(b) All renting or leasing of real estate for a period of time less
than five years shall be held to convey only the right to possess
and enjoy such real estate, to pass no estate out of the landlord,
and to give only the usufruct unless the contrary is agreed upon by
the parties to the contract and is so stated in the contract.
44-7-2 G
*** CODE SECTION *** 12/03/01
44-7-2.
(a) Contracts creating the relationship of landlord and tenant for
any time not exceeding one year may be by parol.
(b) In any contract, lease, license agreement, or similar agreement,
oral or written, for the use or rental of real property as a
dwelling place, a landlord or a tenant may not waive, assign,
transfer, or otherwise avoid any of the rights, duties, or remedies
contained in the following provisions of law:
(1) Code Section 44-7-13, relating to the duties of a landlord as
to repairs and improvements;
(2) Code Section 44-7-14, relating to the liability of a landlord
for failure to repair;
(3) Ordinances adopted pursuant to Code Section 36-61-11;
(4) Article 3 of this chapter, relating to proceedings against
tenants holding over;
(5) Article 4 of this chapter, relating to distress warrants;
(6) Article 2 of this chapter, relating to security deposits; and
(7) Any applicable provision of Chapter 11 of Title 9 which has
not been superseded by this chapter.
(c) A provision for the payment by the tenant of the attorney's fees
of the landlord upon the breach of a rental agreement by the tenant,
which provision is contained in a contract, lease, license
agreement, or similar agreement, oral or written, for the use or
rental of real property as a dwelling place shall be void unless the
provision also provides for the payment by the landlord of the
attorney's fees of the tenant upon the breach of the rental
agreement by the landlord.
44-7-3 G
*** CODE SECTION *** 12/03/01
44-7-3.
(a) At or before the commencement of a tenancy, the landlord or an
agent or other person authorized to enter into a rental agreement on
behalf of the landlord shall disclose to the tenant in writing the
names and addresses of the following persons:
(1) The owner of record of the premises or a person authorized to
act for and on behalf of the owner for the purposes of serving of
process and receiving and receipting for demands and notice; and
(2) The person authorized to manage the premises.
In the event of a change in any of the names and addresses required
to be contained in such statement, the landlord shall advise each
tenant of the change within 30 days after the change either in
writing or by posting a notice of the change in a conspicuous place.
(b) A person who enters into a rental agreement on behalf of an
owner or a landlord or both and who fails to comply with the
disclosure requirements in paragraphs (1) and (2) of subsection (a)
of this Code section becomes an agent of the owner or the landlord
or both for serving of process and receiving and receipting for
notices and demands; for performing the obligations of the landlord
under this chapter; and for expending or making available, for the
purpose of fulfilling such obligations, all rent collected from the
premises.
44-7-4 G
*** CODE SECTION *** 12/03/01
44-7-4.
(a) Municipalities and counties may establish by local ordinance
minimum security standards not in conflict with applicable fire
codes to prevent the unauthorized entry of premises occupied by a
tenant as a dwelling place and may require landlords to comply with
such standards.
(b) This Code section shall be cumulative to and shall not prohibit
the enactment of other general and local laws, rules and regulations
of state or local agencies, and local ordinances on this subject.
44-7-5 G
*** CODE SECTION *** 12/03/01
44-7-5.
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.
44-7-6 G
*** CODE SECTION *** 12/03/01
44-7-6.
Where no time is specified for the termination of a tenancy, the law
construes it to be a tenancy at will.
44-7-7 G
*** CODE SECTION *** 12/03/01
44-7-7.
Sixty days' notice from the landlord or 30 days' notice from the
tenant is necessary to terminate a tenancy at will.
44-7-8 G
*** CODE SECTION *** 12/03/01
44-7-8.
The tenant at will is entitled to his emblements if the crop is
sowed or planted before the landlord gives him notice of termination
of the tenancy, if the tenancy is terminated by the judicial sale of
the estate by the landlord or by death of the landlord or tenant, or
if for any other cause the tenancy is suddenly terminated.
44-7-9 G
*** CODE SECTION *** 12/03/01
44-7-9.
The tenant may not dispute his landlord's title or attorn to another
claimant while he is in actual physical occupation, while he is
performing any active or passive act or taking any position whereby
he expressly or impliedly recognizes his landlord's title, or while
he is taking any position that is inconsistent with the position
that the landlord's title is defective.
44-7-10 G
*** CODE SECTION *** 12/03/01
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.
44-7-11 G
*** CODE SECTION *** 12/03/01
44-7-11.
The tenant has no rights beyond the use of the land and tenements
rented to him and such privileges as are necessary for the enjoyment
of his use. He may not cut or destroy growing trees, remove
permanent fixtures, or otherwise injure the property. He may use
dead or fallen timber for firewood and the pasturage for his cattle.
44-7-12 G
*** CODE SECTION *** 12/03/01
44-7-12.
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.
44-7-13 G
*** CODE SECTION *** 12/03/01
44-7-13.
The landlord must keep the premises in repair. He shall be liable
for all substantial improvements placed upon the premises by his
consent.
44-7-14 G
*** CODE SECTION *** 12/03/01
44-7-14.
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.
44-7-14.1 G
*** CODE SECTION *** 12/03/01
44-7-14.1.
(a) As used in this Code section, the term "utilities" means heat,
light, and water service.
(b) It shall be unlawful for any landlord knowingly and willfully to
suspend the furnishing of utilities to a tenant until after the
final disposition of any dispossessory proceeding by the landlord
against such tenant.
(c) Any person who violates subsection (b) of this Code section
shall, upon conviction, be assessed a fine not to exceed $500.00.
44-7-15 G
*** CODE SECTION *** 12/03/01
44-7-15.
The destruction of a tenement by fire or the loss of possession by
any casualty not caused by the landlord or from a defect of his
title shall not abate the rent contracted to be paid.
44-7-16 G
*** CODE SECTION *** 12/03/01
44-7-16.
All contracts for rent shall bear interest from the time the rent is
due.
44-7-17 G
*** CODE SECTION *** 12/03/01
44-7-17.
When it is agreed that the tenant shall pay to the landlord as rent
a part of the crop produced on the lands rented from the landlord
and the tenant, in good faith, delivers the part of the crop agreed
on in discharge of his rent, such part of the crop so delivered
shall be discharged from the lien of any judgment, decree, or other
process whatsoever against the tenant.
44-7-18 G
*** CODE SECTION *** 12/03/01
44-7-18.
(a) As used in this Code section, the term:
(1) "Assignation" means the making of any appointment or
engagement for prostitution or any act in furtherance of such
appointment or engagement.
(2) "Prostitution" means the offering or giving of the body for
sexual intercourse, sex perversion, obscenity, or lewdness for
hire.
(3) "Tourist camp" means any temporary or permanent buildings,
tents, cabins or structures, or trailers or other vehicles which
are maintained, offered, or used for dwelling or sleeping quarters
for pay.
(b) All leases and agreements letting, subletting, or renting any
house, place, building, tourist camp, or other structure for the
purpose of prostitution or assignation shall be void.
44-7-19 G
*** CODE SECTION *** 12/03/01
44-7-19.
No county or municipal corporation may enact, maintain, or enforce
any ordinance or resolution which would regulate in any way the
amount of rent to be charged for privately owned, single-family or
multiple-unit residential rental property. This Code section shall
not be construed as prohibiting any county or municipal corporation,
or any authority created by a county or municipal corporation for
that purpose, from regulating in any way property belonging to such
county, such municipal corporation, or such authority from entering
into any agreements with private persons, which agreements regulate
the amount of rent to be charged for such rental properties.
44-7-20 G
*** CODE SECTION *** 12/03/01
44-7-20.
When the owner of real property, either directly or through an
agent, seeks to lease or rent that property for residential
occupancy, prior to entering a written agreement for the leasehold
of that property, the owner shall, either directly or through an
agent, notify the prospective tenant in writing of the property's
propensity of flooding if flooding has damaged any portion of the
living space covered by the lease or attachments thereto to which
the tenant or the tenant's resident relative has sole and exclusive
use under the written agreement at least three times during the
five-year period immediately preceding the date of the lease. An
owner failing to give such notice shall be liable in tort to the
tenant and the tenant's family residing on the leased premises for
damages to the personal property of the lessee or a resident
relative of the lessee which is proximately caused by flooding which
occurs during the term of the lease. For purposes of this Code
section, flooding is defined as the inundation of a portion of the
living space covered by the lease which was caused by an increased
water level in an established water source such as a river, stream,
or drainage ditch or as a ponding of water at or near the point
where heavy or excessive rain fell. This Code section shall apply
only to leaseholds entered into on or after July 1, 1995.
44-7-21 G
*** CODE SECTION *** 12/03/01
44-7-21.
(a) Where a landlord or tenant has entered into a written brokerage
commission agreement for the payment of compensation or promise of
payment to a real estate broker in consideration of brokerage
services rendered in connection with the consummation of a lease,
then, notwithstanding any rule or construction of law under which
such written brokerage commission agreement might otherwise be
considered the personal obligation of the original landlord or
tenant specifically named in the lease, such written brokerage
commission agreement shall, pursuant to the terms of this Code
section, constitute a binding contractual obligation of such
landlord or tenant, as the case may be, and of their respective
grantees, successors, and assigns. Upon any sale, transfer,
assignment, or other disposition, including, without limitation, by
reason of the enforcement of any mortgage, lien, deed to secure
debt, or other security instrument, of a landlord's interest in real
property or upon any sale, assignment, transfer, or other
disposition of a tenant's leasehold interest, the succeeding party
shall be bound for all obligations occurring after the sale,
transfer, assignment, or other disposition with the same effect as
if such succeeding party had expressly assumed the landlord's or
tenant's obligations relating to the written brokerage commission
agreement if:
(1) A written brokerage commission agreement is incorporated into
the lease;
(2) The real estate broker has complied with subsection (b) of
this Code section;
(3) The succeeding party assumes the benefits of the tenancy,
rental amount, and term of the lease; and
(4) The written brokerage commission agreement has not been waived
in writing by the broker.
The conveyance or transfer of the real property coupled with the
continuing assumption of the tenancy, rental amount, and term of
said lease shall constitute conclusive evidence of the succeeding
landlord's or tenant's agreement to pay such periodic commission
payments under the written brokerage commission agreement.
(b) A real estate broker shall be entitled to the protections
afforded by this Code section only upon the broker's recording a
notice of commission rights in the deed records in the office of the
clerk of the superior court in the county in which the real property
or leasehold interest is located within 30 days of the execution of
the lease incorporating the written brokerage commission agreement.
Said notice of commission rights must be filed before conveyance of
the real property, must be signed by the broker or by a person
expressly authorized to sign on behalf of the broker, and must
follow substantially the following form:
"NOTICE OF COMMISSION RIGHTS
The undersigned licensed Georgia real estate broker does hereby
publish this NOTICE OF COMMISSION RIGHTS pursuant to Code Section
44-7-21 of the Official Code of Georgia Annotated to establish
that the lease set forth below contains a written brokerage
commission agreement providing for the payment or promise of
payment of compensation for brokerage services.
Owner
Landlord
Tenant
Lease date Lease term
Project name or building
Legal Description: All that tract or parcel of land lying and
being in the State of Georgia, County of __________, being more
particularly described on Exhibit 'A' attached hereto and made a
part hereof. (A full and complete legal description is required
for this form to be valid.)
Given under hand and seal this _____ day of ______________, ____.
Signed, sealed, and
delivered in the
presence of: Broker:
_______________________ ______________________(Seal)
Unofficial Witness Name:
______________________
Notary Public Georgia Real Estate
(Notary Seal Attached) License No. "
(c) The real estate broker must file a release of commission rights
within 30 days of receipt of the final payment of commissions due
under the written brokerage commission agreement.
(d) This Code section shall only apply to leaseholds of all or a
portion of commercial real estate as that term is defined in Code
Section 44-14-601 which are entered into on or after July 1, 1997.
(e) Notwithstanding any provision of this Code section to the
contrary, this Code section does not create an interest in the real
property which is the subject of the lease.
44-7-30 G
*** CODE SECTION *** 12/03/01
44-7-30.
As used in this article, the term:
(1) "Residential rental agreement" means a contract, lease, or
license agreement for the rental or use of real property as a
dwelling place.
(2) "Security deposit" means money or any other form of security
given after July 1, 1976, by a tenant to a landlord which shall be
held by the landlord on behalf of a tenant by virtue of a
residential rental agreement and shall include, but not be limited
to, damage deposits, advance rent deposits, and pet deposits. The
term "security deposit" does not include earnest money or pet fees
which are not to be returned to the tenant under the terms of the
residential rental agreement.
44-7-31 G
*** CODE SECTION *** 12/03/01
44-7-31.
Except as provided in Code Section 44-7-32, whenever a security
deposit is held by a landlord or his agent on behalf of a tenant,
such security deposit shall be deposited in an escrow account
established only for that purpose in any bank or lending institution
subject to regulation by this state or any agency of the United
States government. The security deposit shall be held in trust for
the tenant by the landlord or his agent except as provided in Code
Section 44-7-34. Tenants shall be informed in writing of the
location and account number of the escrow account required by this
Code section.
44-7-32 G
*** CODE SECTION *** 12/03/01
44-7-32.
(a) As an alternative to the requirement that security deposits be
placed in escrow as provided in Code Section 44-7-31, the landlord
may post and maintain an effective surety bond with the clerk of the
superior court in the county in which the dwelling unit is located.
The amount of the bond shall be the total amount of the security
deposits which the landlord holds on behalf of the tenants or
$50,000.00, whichever is less. The bond shall be executed by the
landlord as principal and a surety company authorized and licensed
to do business in this state as surety. The bond shall be
conditioned upon the faithful compliance of the landlord with Code
Section 44-7-34 and the return of the security deposits in the event
of the bankruptcy of the landlord or foreclosure of the premises and
shall run to the benefit of any tenant injured by the landlord's
violation of Code Section 44-7-34.
(b) The surety may withdraw from the bond by giving 30 days' written
notice by registered or certified mail or statutory overnight
delivery to the clerk of the superior court in the county in which
the principal's dwelling unit is located, provided that such
withdrawal shall not release the surety from any liability existing
under the bond at the time of the effective date of the withdrawal.
(c) The clerk of the superior court shall receive a fee of $5.00 for
filing and recording the surety bond and shall also receive a fee of
$5.00 for canceling the surety bond. The clerk of the superior court
shall not be held personally liable should the surety bond prove to
be invalid.
44-7-33 G
*** CODE SECTION *** 12/03/01
44-7-33.
(a) Prior to tendering a security deposit, the tenant shall be
presented with a comprehensive list of any existing damage to the
premises, which list shall be for the tenant's permanent retention.
The tenant shall have the right to inspect the premises to ascertain
the accuracy of the list prior to taking occupancy. The landlord and
the tenant shall sign the list and this shall be conclusive evidence
of the accuracy of the list but shall not be conclusive as to latent
defects. If the tenant refuses to sign the list, the tenant shall
state specifically in writing the items on the list to which he
dissents and shall sign such statement of dissent.
(b) Within three business days after the date of the termination of
occupancy, the landlord or his agent shall inspect the premises and
compile a comprehensive list of any damage done to the premises
which is the basis for any charge against the security deposit and
the estimated dollar value of such damage. The tenant shall have the
right to inspect the premises within five business days after the
termination of the occupancy in order to ascertain the accuracy of
the list. The landlord and the tenant shall sign the list, and this
shall be conclusive evidence of the accuracy of the list. If the
tenant refuses to sign the list, he shall state specifically in
writing the items on the list to which he dissents and shall sign
such statement of dissent. If the tenant terminates occupancy
without notifying the landlord, the landlord may make a final
inspection within a reasonable time after discovering the
termination of occupancy.
(c) A tenant who disputes the accuracy of the final damage list
given pursuant to subsection (b) of this Code section may bring an
action in any court of competent jurisdiction in this state to
recover the portion of the security deposit which the tenant
believes to be wrongfully withheld for damages to the premises. The
tenant's claims shall be limited to those items to which the tenant
specifically dissented in accordance with this Code section. If the
tenant fails to sign a list or to dissent specifically in accordance
with this Code section, the tenant shall not be entitled to recover
the security deposit or any other damages under Code Section
44-7-35, provided that the lists required under this Code section
contain written notice of the tenant's duty to sign or to dissent to
the list.
44-7-34 G
*** CODE SECTION *** 12/03/01
44-7-34.
(a) Except as otherwise provided in this article, within one month
after the termination of the residential lease or the surrender and
acceptance of the premises, whichever occurs last, a landlord shall
return to the tenant the full security deposit which was deposited
with the landlord by the tenant. No security deposit shall be
retained to cover ordinary wear and tear which occurred as a result
of the use of the premises for the purposes for which the premises
were intended, provided that there was no negligence, carelessness,
accident, or abuse of the premises by the tenant or members of his
household or their invitees or guests. In the event that actual
cause exists for retaining any portion of the security deposit, the
landlord shall provide the tenant with a written statement listing
the exact reasons for the retention thereof. If the reason for
retention is based on damages to the premises, such damages shall be
listed as provided in Code Section 44-7-33. When the statement is
delivered, it shall be accompanied by a payment of the difference
between any sum deposited and the amount retained. The landlord
shall be deemed to have complied with this Code section by mailing
the statement and any payment required to the last known address of
the tenant via first class mail. If the letter containing the
payment is returned to the landlord undelivered and if the landlord
is unable to locate the tenant after reasonable effort, the payment
shall become the property of the landlord 90 days after the date the
payment was mailed. Nothing in this Code section shall preclude the
landlord from retaining the security deposit for nonpayment of rent
or of fees for late payment, for abandonment of the premises, for
nonpayment of utility charges, for repair work or cleaning
contracted for by the tenant with third parties, for unpaid pet
fees, or for actual damages caused by the tenant's breach, provided
the landlord attempts to mitigate the actual damages.
(b) In any court action in which there is a determination that
neither the landlord nor the tenant is entitled to all or a portion
of a security deposit under this article, the judge or the jury, as
the case may be, shall determine what would be an equitable
disposition of the security deposit; and the judge shall order the
security deposit paid in accordance with such disposition.
44-7-35 G
*** CODE SECTION *** 12/03/01
44-7-35.
(a) A landlord shall not be entitled to retain any portion of a
security deposit if the security deposit was not deposited in an
escrow account in accordance with Code Section 44-7-31 or a surety
bond was not posted in accordance with Code Section 44-7-32 and if
the initial and final damage lists required by Code Section 44-7-33
are not made and provided to the tenant.
(b) The failure of a landlord to provide each of the written
statements within the time periods specified in Code Sections
44-7-33 and 44-7-34 shall work a forfeiture of all his rights to
withhold any portion of the security deposit or to bring an action
against the tenant for damages to the premises.
(c) Any landlord who fails to return any part of a security deposit
which is required to be returned to a tenant pursuant to this
article shall be liable to the tenant in the amount of three times
the sum improperly withheld plus reasonable attorney's fees;
provided, however, that the landlord shall be liable only for the
sum erroneously withheld if the landlord shows by the preponderance
of the evidence that the withholding was not intentional and
resulted from a bona fide error which occurred in spite of the
existence of procedures reasonably designed to avoid such errors.
44-7-36 G
*** CODE SECTION *** 12/03/01
44-7-36.
Code Sections 44-7-31, 44-7-32, 44-7-33, and 44-7-35 shall not apply
to rental units which are owned by a natural person if such natural
person, his or her spouse, and his or her minor children
collectively own ten or fewer rental units; provided, however, that
this exemption does not apply to units for which management,
including rent collection, is performed by third persons, natural or
otherwise, for a fee.
44-7-37 G
*** CODE SECTION *** 12/03/01
44-7-37.
Notwithstanding any other provision of this chapter, if a person is
on active duty with the United States military and enters into a
residential lease of property for occupancy by that person or that
person's immediate family and subsequently receives permanent change
of station orders or temporary duty orders for a period in excess of
three months, any liability of the person for rent under the lease
may not exceed:
(1) Thirty days' rent after written notice and proof of the
assignment are given to the landlord; and
(2) The cost of repairing damage to the premises caused by an act
or omission of the tenant.
44-7-50 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
44-7-52.
(a) Except as provided in subsection (c) of this Code section, 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.
(b) If the court finds that the tenant is entitled to prevail on the
defense provided in subsection (a) of this Code section and the
landlord refused the tender as provided under subsection (a) of this
Code section, the court shall issue an order requiring the tenant to
pay to the landlord all rents which are owed by the tenant and the
costs of the dispossessory warrant within three days of said order.
Upon failure of the tenant to pay such sum, a writ of possession
shall issue. Such payment shall not count as a tender pursuant to
subsection (a) of this Code section.
(c) For a tenant who is not a tenant under a residential rental
agreement as defined in Code Section 44-7-30, tender and acceptance
of less than all rents allegedly owed plus the cost of the
dispossessory warrant shall not be a bar nor a defense to an action
brought under Code Section 44-7-50 but shall, upon proof of same, be
considered by the trial court when awarding damages.
44-7-53 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 or she 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 determination of
the issues by the trial court. If either party appeals the decision
of the trial court, that part of the funds equal to any sums found
by the trial court to be due from the landlord to the tenant shall
remain in the registry of the court until a final determination of
the issues. The court shall order the clerk to pay to the landlord
without delay the remaining funds in court and all payments of
future rent made into court pursuant to paragraph (1) of subsection
(a) of this Code section unless the tenant can show good cause that
some or all of such payments should remain in court pending a final
determination of the issues.
44-7-55 G
*** CODE SECTION *** 12/03/01
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 seven 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 G
*** CODE SECTION *** 12/03/01
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 seven 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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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 G
*** CODE SECTION *** 12/03/01
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.
44-7-100 G
*** CODE SECTION *** 12/03/01
44-7-100.
Where a person is employed to work for part of the crop, the
relationship of landlord and tenant does not arise. The title to the
crop, subject to the interest of the cropper therein, and the
possession of the land remain in the owner of the land.
44-7-101 G
*** CODE SECTION *** 12/03/01
44-7-101.
Whenever the relationship of landlord and cropper exists, the title
to and right to control and possess the crops grown and raised upon
the lands of the landlord by the cropper shall be vested in the
landlord until the landlord has received his part of the crops so
raised and has been fully paid for all advances made to the cropper
in the year the crops were raised for the purpose of raising the
crops.
44-7-102 G
*** CODE SECTION *** 12/03/01
44-7-102.
In all cases where a cropper unlawfully sells or otherwise disposes
of any part of a crop or where the cropper seeks to take possession
of such crops or to exclude the landlord from the possession thereof
while the title thereto remains in the landlord, the landlord shall
have the right to repossess the crops by any process of law by which
the owner of the property can recover it under the laws of this
state.
44-7-103 G
*** CODE SECTION *** 12/03/01
44-7-103.
(a) Any cropper who sells or otherwise disposes of any part of the
crop grown by him without the consent of the landlord before the
landlord has received his part of the crop and payment in full for
all advances made to the cropper in the year the crop was raised for
the purpose of raising such crop shall be guilty of a misdemeanor.
(b) Any landlord who fails or refuses, on demand, to deliver to the
cropper the part of the crop or its value to which the cropper is
entitled after payment for all advances made to him as provided in
subsection (a) of this Code section shall be guilty of a
misdemeanor.
