2020 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 1 - In General
§ 44-7-5. When Implied Contract to Pay Rent Arises

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.

(Civil Code 1895, § 3116; Civil Code 1910, § 3692; Code 1933, § 61-103.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, § 408.

- 52A C.J.S., Landlord and Tenant, § 988.

- Surrender and acceptance of term as affecting right to recover rent or an obligation given for rent, 18 A.L.R. 957; 58 A.L.R. 906.

Where rent payable, 23 A.L.R. 883.

Effect of nonhabitability of leased dwelling or apartment, 29 A.L.R. 52; 34 A.L.R. 711.

Validity and enforceability of provision for renewal of lease at rental not determined, 30 A.L.R. 572; 68 A.L.R. 157; 166 A.L.R. 1237.

Right to compensation for board furnished to relatives of wife, 36 A.L.R. 677.

Lease of property for sale of liquor in violation of law as affecting right to rent, 42 A.L.R. 1036.

Crop failure as affecting liability for rent, 51 A.L.R. 1291.

Surrender and acceptance of term as affecting right to recover rent or on obligation given for rent, 58 A.L.R. 906.

Tenant's liability for rent subsequent to appointment of receiver in suit or proceeding by landlord or by parties in privity with landlord, 61 A.L.R. 372.

Liability of lessee's assignee to lessor for rent where he abandons possession, 70 A.L.R. 1102.

Claim of lessor or privy against receiver of lessee in respect of leasehold which latter elects not to take over, 84 A.L.R. 892; 111 A.L.R. 556.

Status as licensee or lessee of one in occupation of land in anticipation of the making or execution of a lease, 123 A.L.R. 700.

Validity, construction, and application of statute or ordinance which precludes recovery of rent in case of occupancy of building which does not conform to building and health regulations, or where certificate of conformity has not been issued, 144 A.L.R. 259.

Seller's, bailor's, lessor's, or lender's knowledge of the other party's intention to put the property or money to an illegal use as defense to action for purchase price, rent, or loan, 166 A.L.R. 1353.

Factors and elements considered in fixing rental for extended or renewal term where removal or extension clause leaves amount of rental for future determination, 6 A.L.R.2d 448.

Vendee's liability for use and occupancy of premises, where vendor disaffirms an unenforceable land contract, 49 A.L.R.2d 1169.

Right of tenant to recover rentals previously paid to one mistakenly believed to be owner of property, 57 A.L.R.2d 350.

Landlord and tenant: constructive eviction based on flooding, dampness, or the like, 33 A.L.R.3d 1356.