2021 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 (2021)

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).


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).



- 51C C.J.S., Landlord and Tenant, § 316.


- Rent period as criterion of term implied by holding over after expiration of lease for a fixed term, 108 A.L.R. 1464.

Tenant's liability in damages for holding over after expiration of term as affected by reason or excuse for so doing, 122 A.L.R. 280.

Implied duty of lessee to remove his property, debris, buildings, improvements, and the like, from leased premises at expiration of lease, 23 A.L.R.2d 655.

Validity and construction of lease provision requiring lessee to pay liquidated sum for failure to vacate premises or surrender possession at expiration of lease, 23 A.L.R.2d 1318.

Measure of damages for tenant's failure to surrender possession of rented premises, 32 A.L.R.2d 582.

Time for exercise of lessee's option to terminate lease, 37 A.L.R.2d 1173.

Right of landlord legally entitled to possession to dispossess tenant without legal process, 6 A.L.R.3d 177.

Holding over under lease, or renewal or extension thereof, as extending time for exercise of option to purchase contained therein, 15 A.L.R.3d 470.

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