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

1. 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.
2. 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.

(Orig. Code 1863, § 2261; Code 1868, § 2253; Code 1873, § 2279; Ga. L. 1876, p. 35, § 1; Code 1882, § 2279; Civil Code 1895, § 3115; Civil Code 1910, § 3691; Code 1933, § 61-101.)

- Rights and obligations of tenants of premises being converted to condominiums, § 44-3-87.

Distinction between estate for years and landlord and tenant relationship, § 44-6-101.

- For article, "Some Rescission Problems in Truth-in-Lending, as Viewed from Georgia," see 7 Ga. St. B.J. 315 (1971). For article discussing options to purchase realty in Georgia, with respect to renewable leases, see 8 Ga. St. B.J. 229 (1971). For article discussing ad valorem taxation and interest in real property in Georgia, prior to the enactment of the Georgia Public Revenue Code, T. 48, see 31 Mercer L. Rev. 293 (1979). For article, "Usufructs and Estates for Years Distinguished," see 18 Ga. St. B.J. 116 (1982). For article, "Commercial Tenant Defaults: Fact Issues to Anticipate," see 27 Ga. St. B.J. 181 (1991). For survey article on real property law, see 59 Mercer L. Rev. 371 (2007). For note discussing assignment and subletting, see 2 Mercer L. Rev. 412 (1951). For comment on Garbutt & Donovan v. Barksdale Pruitt Junk Co., 37 Ga. App. 210, 139 S.E. 357 (1927), see 1 Ga. L. Rev. No. 2, p. 46 (1927). For comment regarding distinction between estate for years and landlord-tenant relationship, in light of State v. Davison, 198 Ga. 27, 31 S.E.2d 225 (1944), see 7 Ga. B.J. 233 (1944). For comment discussing the legal effect of concurrent leases under both common law and statutory law in Georgia, see 6 Ga. St. B.J. 320 (1970).

ANALYSIS

• General Consideration
• Existence of Relationship
• Creation of Relationship
• Characteristics of Relationship
• Subletting and Assignment
• Rights of Tenant
• Status of Third Parties

Lease of land for five years or longer which does not by the lease's own terms purport an intention to convey a lesser interest will be presumed to convey an estate for years and as such passes as realty. 1969 Op. Att'y Gen. No. 69-352.

- One may make a valid oral lease agreement for a period of one year or less and be bound by the agreed terms thereof just as in a written contract although one may be somewhat handicapped in presenting evidence as to the terms of the agreement. 1967 Op. Att'y Gen. No. 67-59.

- Lease of real property conveying an interest therein is subject to ad valorem taxation. 1969 Op. Att'y Gen. No. 69-482.

- When city holds a mere usufruct, terminable on six months' notice, which cannot be levied upon or sold, city has only the limited rights of possession and use, and no estate has passed to the city; therefore, the property is not publicly owned and is not subject to the provisions of § 4 (f) of the Department of Transportation Act of 1966. 1976 Op. Att'y Gen. No. 76-49.

RESEARCH REFERENCES

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, § 1.

16A Am. Jur. Pleading and Practice Forms, Landlord and Tenant, § 4.

- 51C C.J.S., Landlord and Tenant, § 4.

- Fraud, misrepresentation, or mistake as affecting estoppel of tenant to deny landlord's title, 2 A.L.R. 359.

Right of tenant to treat interference with his possession as an eviction and recover damages for loss of unexpired term, 7 A.L.R. 1103.

Rights and remedies of tenant who remains in possession of all or part of the premises against landlord for interfering with his possession or enjoyment, 20 A.L.R. 1369; 28 A.L.R. 1333; 64 A.L.R. 900.

Parol-evidence rule as applied to lease, 25 A.L.R. 787; 88 A.L.R. 1380; 151 A.L.R. 279.

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

Acts of insurance company or public authorities to protect property after fire as constructive eviction of tenant, 29 A.L.R. 1361.

Landlord's consent to one assignment or sublease as obviating necessity of consent to subsequent assignment or sublease, 31 A.L.R. 153; 32 A.L.R. 1080.

Status and rights of one renting room in club, 32 A.L.R. 1016.

Rights of lessee who relets for entire term as against sublessee or person claiming under latter, 32 A.L.R. 1429.

Construction of provision for termination of lease in event of sale of property, 35 A.L.R. 518; 116 A.L.R. 931; 163 A.L.R. 1019.

Nature of occupancy of person occupying premises of employer as part of compensation, 39 A.L.R. 1145.

Forfeiture of lease by act of subtenant, 49 A.L.R. 830.

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

What is objectionable purpose within provision of lease against assigning or subletting for objectionable purpose, 61 A.L.R. 708.

Special assessments as within provisions of a lease requiring lessee to pay "taxes," "taxes and assessments," as variations, 63 A.L.R. 1391.

Rights and remedies of assignee or sublessee as against assignor or sublessor who misrepresents facts regarding lessor's consent, 78 A.L.R. 356.

Landlord's acceptance of chattel mortgage, or conditional sales contract, as waiver of landlord's lien or reservation of title, 96 A.L.R. 568.

Rights as between the landlord and conditional seller of property to tenant, 98 A.L.R. 628.

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 and effect of acceleration clause in lease or bailment, 128 A.L.R. 750.

Lease or tenancy agreement as creating partnership relationship between lessor and lessee, 131 A.L.R. 508.

Construction and application of provisions as to assignment by "tenant-owner" in "co-operative" apartment house plan, 141 A.L.R. 1162.

Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 163 A.L.R. 679.

Sublease or assignment of tenancy at will, 167 A.L.R. 1040.

Character and duration of tenancy created by entry under invalid or unenforceable lease, 6 A.L.R.2d 685.

Enforceability of option to purchase, consideration for which is payment of rentals exceeding rent control law maximum, 28 A.L.R.2d 1204.

Covenant in lease to arbitrate, or to submit to appraisal, as running with the leasehold so as to bind assignee, 81 A.L.R.2d 804.

Construction and effect of provision in lease that consent to subletting or assignment will not be arbitrarily or unreasonably withheld, 54 A.L.R.3d 679.

Grazing or pasturage agreement as violative of covenant in lease or provision of statute against assigning or subletting without lessor's consent, 71 A.L.R.3d 780.

Recovery of expected profits lost by lessor's breach of lease preventing or delaying operation of new business, 92 A.L.R.3d 1286.

Farmland cultivation arrangement as creating status of landlord-tenant or landowner-cropper, 95 A.L.R.3d 1013.

Implied covenant or obligation to provide lessee with actual possession, 96 A.L.R.3d 1155.

Right to exercise option to renew or extend lease as affected by tenant's breach of other covenants or condition, 23 A.L.R.4th 908.

Children's day-care use as violation of restrictive covenant, 29 A.L.R.4th 730.

Sufficiency as to method of giving oral or written notice exercising option to renew or extend lease, 29 A.L.R.4th 903.

What constitutes timely notice of exercise of option to renew or extend lease, 29 A.L.R.4th 956.

Waiver or estoppel as to notice requirement for exercising option to renew or extend lease, 32 A.L.R.4th 452.

Sufficiency as to parties giving or receiving notice of exercise of option to renew or extend lease, 34 A.L.R.4th 857.

Express or implied restriction on lessee's use of residential property for business purposes, 46 A.L.R.4th 496.

Implied warranty of fitness or suitability in commercial leases - modern status, 76 A.L.R.4th 928.

What constitutes abandonment of residential or commercial lease - modern cases, 84 A.L.R.4th 183.

Landlord's permitting third party to occupy premises rent-free as acceptance of tenant's surrender of premises, 18 A.L.R.5th 437.

Effect, as between landlord and tenant, of lease clause restricting the keeping of pets, 114 A.L.R.5th 443.