2020 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 1 - In General
§ 44-7-11. Specific Rights of Tenants

Universal Citation: GA Code § 44-7-11 (2020)

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.

(Orig. Code 1863, § 2263; Code 1868, § 2255; Code 1873, § 2281; Code 1882, § 2281; Civil Code 1895, § 3119; Civil Code 1910, § 3695; Code 1933, § 61-109.)

OPINIONS OF THE ATTORNEY GENERAL

Condemnation of fixtures.

- In a condemnation proceeding in which there exists a landlord-tenant relationship, those fixtures which are physically or constructively made a part of the realty, even those which were placed there by the tenant, are to be considered as a part of the realty and property of the landowner; the tenant would not be allowed compensation for such fixtures unless the tenant had, by previous agreement, entered into a written agreement with the landlord that these fixtures were to be considered as personalty of the tenant. The only exception to this rule would be in those cases in which the tenant was engaged in some trade or business and the fixtures in question were used as part of the tenant's business or trade and could be considered as trade fixtures. 1969 Op. Att'y Gen. No. 69-122.

Condemnation of trade fixtures.

- Trade fixtures are considered as property of the tenant; in any condemnation proceeding, the tenant is eligible for relocation moving expenses for trade fixtures. 1969 Op. Att'y Gen. No. 69-122.

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