2021 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 1 - In General
- § 44-7-1. Creation of Landlord and Tenant Relationship; Rights of Tenant; Construction of Lease for Less Than Five Years
- § 44-7-2. Parol Contract Creating Landlord and Tenant Relationship; Certain Provisions Prohibited; Effect of Provision for Attorney's Fees
- § 44-7-3. Disclosure of Ownership and Agents; Effect of Failure to Comply
- § 44-7-4. Local Ordinances Relating to Security of Premises Occupied by Tenants; Cumulative Effect of This Code Section
- § 44-7-5. When Implied Contract to Pay Rent Arises
- § 44-7-6. Tenancy at Will - Creation When No Time Period Specified
- § 44-7-7. Tenancy at Will - Notice Required for Termination
- § 44-7-8. Tenancy at Will - Right of Tenant to Emblements
- § 44-7-9. Estoppel to Dispute Landlord's Title or Attorn to Another
- § 44-7-10. Delivery of Possession at End of Term; Summary Remedy
- § 44-7-11. Specific Rights of Tenants
- § 44-7-12. Removal of Trade Fixtures During Term; When Abandoned
- § 44-7-13. Landlord's Duties as to Repairs and Improvements
- § 44-7-14. Tort Liability of Landlord
- § 44-7-14.1. Landlord's Duties as to Utilities
- § 44-7-15. Effect of Destruction of Tenement on Obligation to Pay Rent
- § 44-7-16. Accrual of Interest on Rent Owed
- § 44-7-17. Exemption From Liens Against Tenant of Crops Paid as Rent
- § 44-7-18. Effect of Leases for Purposes of Prostitution or Assignation
- § 44-7-19. Restrictions on Rent Regulation by Local Governments
- § 44-7-20. Notification to Prospective Tenant of Property's Propensity Toward Flooding
- § 44-7-21. Written Brokerage Agreement as Binding Obligation; Notice of Commission Rights Form
- § 44-7-22. Termination of a Residential Rental Agreement by a Service Member
- § 44-7-23. Termination of Residential Lease After Issuance of Civil or Criminal Family Violence Order or Civil or Criminal Stalking Order; Notice; Occupancy, Waiver or Modification Prohibited
- § 44-7-24. Establishment of a Prima-Facie Case of Retaliation by Tenant Against Landlord; Elements; Exception; Remedies; Rebuttable Defense
- For article discussing 1976 statutory changes in landlord-tenant law, see 13 Ga. St. B.J. 43 (1976). For comment discussing Robinson v. Diamond Housing Corp., 463 F.2d 853 (D.C. Cir. 1972), as to retaliatory eviction following tenant's successful assertion of rights, see 6 Ga. L. Rev. 805 (1972).JUDICIAL DECISIONS
Cited in Griffin v. Loman, 206 Ga. 116, 56 S.E.2d 263 (1949).RESEARCH REFERENCES
Retaliatory Eviction Claims, 99 Am. Jur. Trials 289.ALR.
- Perpetual lease or covenant to renew lease perpetually as violation of rule against perpetuities or the suspension of the power of alienation, 3 A.L.R. 498; 162 A.L.R. 1147.
Commission of waste as ground for forfeiture of lease, 3 A.L.R. 672.
Change in time for assessment or payment of taxes as affecting provision for payment of taxes during term of lease, 3 A.L.R. 1159; 20 A.L.R. 1502.
Knowledge of owner of improvements or repairs, intended or in process under orders of lessee or vendee, as "consent," which will subject his interest to mechanics' liens, 4 A.L.R. 685.
Effect of nonhabitability of leased dwelling or apartment, 4 A.L.R. 1453; 13 A.L.R. 818; 29 A.L.R. 52; 34 A.L.R. 711.
Covenant to pay taxes as including income taxes, 9 A.L.R. 1566; 30 A.L.R. 991; 45 A.L.R. 756; 124 A.L.R. 1020; 140 A.L.R. 517.
Liability of landlord for injury to person or property of tenant, or his privies, from defects in heating or lighting plant or plumbing, 13 A.L.R. 837; 26 A.L.R. 1253; 52 A.L.R. 864.
Right to receive rent as between mortgagor and mortgagee of leased premises, 14 A.L.R. 640; 105 A.L.R. 744.
Effect of foreclosure of mortgage as terminating lease, 14 A.L.R. 664.
Statute prescribing damages for forcibly ejecting or excluding one from possession of real property as applying to possession held by one as servant or employee, 14 A.L.R. 808.
What are "minerals" within deed, lease, or license, 17 A.L.R. 156; 86 A.L.R. 983.
Taking partner or assigning to cotenant as breach of provision in lease against assignment or subletting, 17 A.L.R. 183.
Implied covenants of title or possession on assignment of lease, 19 A.L.R. 608.
Advertising rights on leased premises, 22 A.L.R. 800; 20 A.L.R.2d 940.
Liability of landlord for damage to tenant because of infection from contagious or infectious disease, 26 A.L.R. 1265.
Reentry by lessor as terminating lessee's option to renew or purchase, 29 A.L.R. 1040; 115 A.L.R. 376.
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 recover exaction by lessor as condition of consent to assignment or sublease, 40 A.L.R. 553.
Waiver by lessor of failure to comply with conditions of lease as to manner or terms of assignment by lessee, 42 A.L.R. 1108.
Construction and effect of provision of sublease or assignment making it subject to, or assuming, the provisions of the lease, 42 A.L.R. 1173.
Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 43 A.L.R. 1176; 163 A.L.R. 679.
Extent of lessee's obligation under express covenant as to repairs, 20 A.L.R. 782; 45 A.L.R. 12.
Acts of other tenants as chargeable to landlord, 45 A.L.R. 1126.
Duty of tenant in absence of express provision, to occupy the premises, or to use them for the particular purpose indicated by words in the lease descriptive of their character, 46 A.L.R. 1134.
Surrender of lease as affecting liability on covenants other than for rent, 51 A.L.R. 1061.
Crop failure as affecting liability for rent, 51 A.L.R. 1291.
Agreement to take lease as raising corresponding agreement to give one, 53 A.L.R. 288.
Acts of other tenants as chargeable to landlord, 58 A.L.R. 1049.
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.
When landlord's reletting or efforts to relet, after tenant's abandonment or refusal to enter, deemed to be acceptance of surrender, 61 A.L.R. 773; 110 A.L.R. 368.
Right of sublessee to take lease from lessor after expiration of lease to sublessor, 75 A.L.R. 847.
Assignment of lease as breach of covenant against subletting, 79 A.L.R. 1379.
Rights and remedies of parties in respect to lease of filling station, 83 A.L.R. 1416; 126 A.L.R. 1375.
Parol evidence rule as applied to lease, 88 A.L.R. 1380; 151 A.L.R. 279.
Receiver of insolvent lessee, who elects to take over the lease, as holding under privity of estate within rule allowing termination of assignee's liability by reassignment of lease, 95 A.L.R. 379.
Validity, construction, and effect of provision in mortgage or deed of trust regarding status of mortgagor or his grantee in possession after sale under foreclosure or otherwise, 103 A.L.R. 981.
Measure of damages for breach by lessor of contract to lease or to lessee into possession, 104 A.L.R. 132; 88 A.L.R.2d 1024.
Relation and rights inter se of purchaser under foreclosure of mortgage and tenant under lease subsequent to mortgage, 109 A.L.R. 447.
Landlord's acceptance of rent as waiver of right to forfeit because of tenant's past or future violation of terms of lease, 109 A.L.R. 1267.
Transaction between lessor and sublessee or assignee after forfeiture or cause of forfeiture by lessee as waiver of forfeiture, 118 A.L.R. 124.
Language of lease as creating conditional limitation as distinguished from a condition subsequent, or vice versa, 118 A.L.R. 283.
Apportionment of income where right to income commences or ends during accrual period, 126 A.L.R. 12.
Time when rent payable in absence of provision of lease fixing time applicable to all payments, 126 A.L.R. 565.
What amounts to a leasehold interest within insurance policy, 130 A.L.R. 818.
Option of one party to terminate lease upon condition which does not entitle other party to similar option, 137 A.L.R. 362.
Provision of lease or statute as to forfeiture where premises used for unlawful purpose, as contemplating a single use or a continuous use, 145 A.L.R. 1063.
Liability of lessee's assignee to lessor for rent accruing after assignment by him, in the absence of assumption of covenant of the lease, 148 A.L.R. 196.
What agreement or conduct subsequent to assignment of lease amounts to assumption by assignee of covenants of lease, or estoppel to deny such assumption, 148 A.L.R. 393.
Provision in lease as to purpose for which premises are to be used, as excluding use for other purpose, 148 A.L.R. 583.
Validity and effect, as between assignor and assignee or claimants under them, of assignment by purchaser under land contract, or by tenant under lease, as affected by provision of contract or lease restricting or prohibiting assignment, 148 A.L.R. 1361.
Constitutionality and construction of Emergency Price Control Act as relating to rent, 155 A.L.R. 1461; 156 A.L.R. 1459; 157 A.L.R. 1457; 158 A.L.R. 1464.
Provision of lease for protection of lessee in event of specified collateral contingency as affected by his failure to avoid the contingency, 156 A.L.R. 302.
Restrictions in lessor's record title as to use of premises as affecting rights between lessor and lessee, 165 A.L.R. 1178.
Provision of lease authorizing its termination by lessor in event of insolvency, bankruptcy, or receivership of lessee, 168 A.L.R. 504.
What is nuisance within meaning of rent control act or regulation governing eviction of tenant, 174 A.L.R. 989.
Right of owner of housing development or apartment houses to restrict canvassing, peddling, solicitation of contributions, etc., 3 A.L.R.2d 1431.
Granting to lessee of "first" privilege or right to re-lease or to renewal or extension of tenancy period as conditioned upon lessor's willingness to re-lease, 6 A.L.R.2d 820.
Conditions accompanying or following dissolution of lessee corporation, as breach of covenant against assignment or sublease, 12 A.L.R.2d 179.
Remedy of tenant against stranger wrongfully interfering with his possession, 12 A.L.R.2d 1192.
Implied covenant in lease for business purposes, that lessor will not compete in business activity for conducting of which lessee leased the premises, 22 A.L.R.2d 1466.
Sublessee's obligation to sublessor to perform latter's covenants in original lease, 24 A.L.R.2d 707.
Relative rights and liabilities of landlord, tenant, assignee, or sublessee where act is done increasing insurance rates, 30 A.L.R.2d 489.
Misrepresentation by lessor, in negotiations for lease, as to offers of rental received from third persons, as actionable fraud, 30 A.L.R.2d 923.
Breach of covenant for quiet enjoyment in lease, 41 A.L.R.2d 1414.
Enforcement of, or waiver of or estoppel to assert, forfeiture clause of lease made or held by cotenants as lessors, 50 A.L.R.2d 1365.
Measure of evicted tenant's recovery for improvements made by him on premises for lease uses, 71 A.L.R.2d 1104.
Liability of mortgagee or lienholder of a lease with respect to rents or covenants therein, 73 A.L.R.2d 1118.
Estoppel of lessee, because of occupancy of, or other activities in connection with, premises, to assert invalidity of lease because of irregularities in description or defects in execution, 84 A.L.R.2d 920.
Liability as between lessor and lessee, where lease does not specify, for taxes and assessments, 86 A.L.R.2d 670.
Validity, construction, and effect of lessor's covenant against use of his other property in competition with the lessee-covenantee, 97 A.L.R.2d 4.
Liability of lessee who assigns lease for rent accruing subsequently to extension or renewal of term, 10 A.L.R.3d 818.
Tenant's rights under unexercised option to purchase as affected by landlord's breach of lease or lease agreement, 12 A.L.R.3d 1128.
Landlord's duty, on tenant's failure to occupy, or abandonment of, premises, to mitigate damages by accepting or procuring another tenant, 21 A.L.R.3d 534.
Infestation of leased dwelling or apartment with vermin as entitling tenant to abandon premises or as constructive eviction by landlord, in absence of express covenant of habitability, 27 A.L.R.3d 924.
Landlord and tenant: constructive eviction based on flooding, dampness, or the like, 33 A.L.R.3d 1356.
Landlord and tenant: what amounts to "sale" of property for purposes of provision giving tenant right of first refusal if landlord desires to sell, 70 A.L.R.3d 203.
Landlord supplying electricity, gas, water, or similar facility to tenant as subject to utility regulation, 75 A.L.R.3d 1204.
Requirements as to certainty and completeness of terms of lease in agreement to lease, 85 A.L.R.3d 414.
Lease provisions providing for rent adjustment based on event or formula outside control of parties, 87 A.L.R.3d 986.
Use of property for multiple dwellings as violating restrictive covenant permitting property to be used for residential purposes only, 99 A.L.R.3d 985.
Landlord and tenant: constructive eviction by another tenant's conduct, 1 A.L.R.4th 849.
Shopping center lease restrictions on type of business conducted by tenant, 1 A.L.R.4th 942.
Measure of damages for landlord's breach of implied warranty of habitability, 1 A.L.R.4th 1182.
Option to purchase real property as affected by optionor's receipt of offer for, or sale of, larger tract which includes the optioned parcel, 34 A.L.R.4th 1217.
Sublessee's rights with respect to primary lessee's option to renew lease, 39 A.L.R.4th 824.
Landlord's fraud, deceptive trade practices, and the like, in connection with mobile home owner's lease or rental of landsite, 39 A.L.R.4th 859.
Merger or consolidation of corporate lessee as breach of clause in lease prohibiting, conditioning, or restricting assignment or sublease, 39 A.L.R.4th 879.
Death of lessee as terminating lease, 42 A.L.R.4th 963.
Landlord's liability for failure to protect tenant from criminal activities of third person, 43 A.L.R.5th 207.
Validity, construction, and application of mobile home eviction statutes, 43 A.L.R.5th 705.
Measure and elements of damages for lessee's breach of covenant as to repairs, 45 A.L.R.5th 251.