2020 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 1 - In General
§ 44-7-10. Delivery of Possession at End of Term; Summary Remedy

Universal Citation: GA Code § 44-7-10 (2020)

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.

(Orig. Code 1863, § 2264; Code 1868, § 2256; Code 1873, § 2282; Code 1882, § 2282; Civil Code 1895, § 3121; Civil Code 1910, § 3697; Code 1933, § 61-108.)

Law reviews.

- For article, "Usufructs and Estates for Years Distinguished," see 18 Ga. St. B.J. 116 (1982).

JUDICIAL DECISIONS

Existence of relationship.

- In order to maintain a summary eviction proceeding, the relation of landlord and tenant must exist. Carruth v. Carruth, 77 Ga. App. 131, 48 S.E.2d 387 (1948).

At the termination of the lease, the lessee shall surrender the premises in the same condition as at the commencement of the term, natural wear and tear excepted. Pharr v. Burnette, 158 Ga. App. 473, 280 S.E.2d 881 (1981).

Lessor is not usually entitled to replacement of an old structure without deduction for depreciation. Pharr v. Burnette, 158 Ga. App. 473, 280 S.E.2d 881 (1981).

Holding over.

- Mere holding over by a tenant beyond the term covered by the contract of tenancy does not make the tenant a tenant at will so as to entitle the tenant to a two-months' notice to quit. U.S. Fid. & Guar. Co. v. Garber, 72 Ga. App. 888, 35 S.E.2d 371 (1945).

Possession under agent's unratified contract of purchase.

- One who makes a contract for the purchase of land with a person assuming to act as agent of the owner, and subject to the approval and ratification of this latter, and who goes into possession under the contract, which is never ratified by the owner, is a tenant at sufferance, and is subject to be dispossessed by the statutory process against a tenant holding over, after possession has been demanded and refused. Smith v. Singleton, Hunt & Co., 71 Ga. 68 (1883).

Cited in Wright v. Harris, 221 F. 736 (S.D. Ga. 1915); Stone Mt. Game Ranch, Inc. v. Hunt, 746 F.2d 761 (11th Cir. 1984); Gully v. Glover, 190 Ga. App. 238, 378 S.E.2d 411 (1989); Walters v. Betts, 174 Bankr. 636 (Bankr. N.D. Ga. 1994).

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