2021 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 1 - In General
§ 44-7-14. Tort Liability of Landlord

Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.

(Civil Code 1895, § 3118; Civil Code 1910, § 3694; Code 1933, § 61-112; Ga. L. 1982, p. 3, § 44.)

- Liability of owners and occupiers of land, § 51-3-1 et seq.

- For article surveying torts law, see 34 Mercer L. Rev. 271 (1982). For survey article on tort law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 425 (2003). For note advocating reasonable man standard for tort liability of landlord, see 23 Emory L.J. 1051 (1974). For note, "Don't Let the Bed Bugs Bill: Landlord Liability for Bed Bug Infestations," see 34 Ga. St. U. L. Rev. 479 (2018). For comment on Martin v. Medlin, 81 Ga. App. 602, 59 S.E.2d 519 (1950), see 13 Ga. B.J. 240 (1950).

ANALYSIS

• General Consideration
• Duties of Landlord
• Rights and Duties of Tenant

RESEARCH REFERENCES

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, § 624 et seq.

Liability of an Owner or Operator of a Self-Service Filling Station for Injury or Death of a Business Invitee on the Premises, 46 POF3d 161.

Landlord Liability for Criminal Attack on Tenant, 35 Am. Jur. Trials 1.

- 52A C.J.S., Landlord and Tenant, §§ 893 et seq., 917 et seq.

- Proximate cause as determining landlord's liability, where injury results to a third person from a nuisance that becomes such only upon tenant's using the premises, 4 A.L.R. 740.

Breach of lessor's covenant to repair as ground of liability for damages for personal injuries to tenant, or one in privity with latter, 8 A.L.R. 765; 78 A.L.R.2d 1238.

Liability of owner to licensee or invitee for conditions on premises recently vacated by tenant, 10 A.L.R. 244.

Effect of noninhabitability of leased dwelling or apartment, 13 A.L.R. 818; 29 A.L.R. 52; 34 A.L.R. 711.

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.

What is unavoidable or inevitable casualty or accident within provision of lease, 24 A.L.R. 1461.

Liability of landlord for personal injuries due to defective halls, stairways, and the like, for use of different tenants, 25 A.L.R. 1237.

Liability of landlord for injury to person or property of tenant, or his privies, from defects in heating or lighting plant or plumbing, 26 A.L.R. 1253; 52 A.L.R. 864.

Rights and remedies of tenant upon landlord's breach of covenant to repair, 28 A.L.R. 1448; 28 A.L.R.2d 446.

Necessity of notice to landlord as condition of asserting breach of express covenant to repair, 28 A.L.R. 1525.

Measure of damages for breach of landlord's covenant to heat, or furnish hot water for, premises leased for business or manufacturing purposes, 28 A.L.R. 1550.

Tenancy as relieving landlord from liability for injury to third person in street due to snow or ice, 29 A.L.R. 181.

Landlord's liability to one injured while using, for a purpose for which it was not intended, property remaining in the former's control, 30 A.L.R. 1390; 49 A.L.R. 564; 12 A.L.R.2d 217.

Transfer or devolution of reversion as carrying lessee's covenants to repair, or to yield up in repair, 34 A.L.R. 782.

Liability of landlord for personal injuries due to defective halls, stairways, and the like, for use of different tenants, 39 A.L.R. 294; 58 A.L.R. 1411; 75 A.L.R. 154; 97 A.L.R. 220.

Liability of the landlord for damage to the property of a tenant due to defective condition of foundation, walls, or roof of building intended for use of different tenants, 43 A.L.R. 1292.

Landlord's responsibility for injury to stranger due to tenant's negligence as to doors, guards, etc., provided by former, but in tenant's possession and control, 47 A.L.R. 846.

Landlord's responsibility to third persons for conditions created during tenancy as affected by renewal of the lease, or a new lease subject to the original lease, 49 A.L.R. 1418.

Landlord's liability for damage to property of third person by operations of tenant, 53 A.L.R. 327.

Acts of other tenants as chargeable to landlord, 58 A.L.R. 1049.

Contributory negligence of plaintiff as defense to action for personal injuries on account of defective condition of part of the premises within the landlord's control, 58 A.L.R. 1428.

Permissive character of use as affecting landlord's liability to a tenant, or one in privity with him, for personal injuries received in part of premises remaining in landlord's control, 58 A.L.R. 1433.

Liability of landlord for personal injuries due to defective accessories to the leased premises which had passed into the possession of the tenant, 58 A.L.R. 1453.

Liability of owner or occupant for condition of covering over opening or vault in sidewalk, 62 A.L.R. 1067; 31 A.L.R.2d 1334.

Lease of property as affecting owner's liability for failure to provide fire escapes as required by law, 77 A.L.R. 1273.

Validity, construction, application and effect of provision of lease exempting landlord from liability on account of condition of property, 84 A.L.R. 654.

Landlord's liability for injuries to strangers outside premises as affected by covenant to repair or reservation of right to enter to make repairs, 89 A.L.R. 480.

Employment of independent contractor as affecting landlord's liability for personal injury to tenant or to one in like case with tenant, 90 A.L.R. 50; 162 A.L.R. 1111.

Statute requiring property to be kept in good repair as affecting landlord's liability for personal injury to tenant or his privies, 93 A.L.R. 778; 17 A.L.R.2d 704.

Liability of one exercising the rights of an owner of realty for injuries due to its condition, as affected by want of legal title, 96 A.L.R. 1068; 130 A.L.R. 1525.

Duty of landlord to instruct tenant as to use of appliances furnished with premises, 97 A.L.R. 216.

Who is a stranger or third person within the rule regarding landlord's liability to stranger or third person where premises are in a ruinous condition or condition amounting to a nuisance when leased, 110 A.L.R. 756.

Duty to guard against operation of elevator by unauthorized person, 117 A.L.R. 989.

Lease by municipality of property intended for use and benefit of public as affecting its duty and responsibility in respect of the manner and conditions of operation and maintenance of the property by the lessee, 129 A.L.R. 1163.

Lessor's liability for personal injuries to tenant or occupant where premises are let furnished, 139 A.L.R. 261.

Res ipsa loquitur as applicable in action against landlord for injury to person or property due to condition of premises, 145 A.L.R. 870.

Landlord's liability for injury to person or damage to property as affected by his making of repairs in absence of obligation to do so, 150 A.L.R. 1373.

Covenant respecting condition of premises as requiring indemnity for amount paid or liability incurred on account of injury to third person or his property, 157 A.L.R. 623.

Lease of premises as affecting owner's liability for injury arising out of condition in highway connected with use of property, 160 A.L.R. 825.

Breach of lessor's agreement to repair as ground of liability for personal injury to tenant or one in privity with latter, 163 A.L.R. 300; 78 A.L.R.2d 1238.

Liability of a lessor or his property for damages resulting from lessee's sale of intoxicating liquor, 169 A.L.R. 1203.

Liability of landlord to one using fire escape for other than intended purpose, 12 A.L.R.2d 217.

Liability of landlord for injury to or death of employee of tenant, occasioned by negligent construction, maintenance, or operation of elevator, 19 A.L.R.2d 272.

Liability of tenant occupying abutting premises for injury from ice formed on sidewalk by discharge of rain or melted snow thereon because of condition existing on premises, 22 A.L.R.2d 738.

Landlord's liability for injury or death due to defects in exterior stairs, passageways, areas, or structures used in common by tenants, 26 A.L.R.2d 468; 67 A.L.R.3d 490; 65 A.L.R.3d 14; 68 A.L.R.3d 382.

Landlord's liability for injury to tenant's person or property caused by water overflowing from defective appliances in other premises of landlord, 26 A.L.R.2d 1044.

Liability for injuries occasioned by falling of awning or the like, 34 A.L.R.2d 486.

Landlord's duty under express covenant to repair, rebuild, or restore, where property is damaged or destroyed by fire, 38 A.L.R.2d 682.

Liability of landlord for injury or death of third person on street or highway by nuisance created by tenant for month to month, year to year, or the like, 39 A.L.R.2d 973.

Tenant's capacity to sue independent contractor, as third-party beneficiary, for breach of contract between landlord and such contractor for repair or remodeling work, 46 A.L.R.2d 1210.

Liability of landowner for injury or death of child caused by cut or puncture from broken glass or other sharp object, 47 A.L.R.2d 1048.

Lessor of building as invitee of lessee, with respect to latter's duty and liability to former for personal injuries occasioned by condition of premises, 47 A.L.R.2d 1439.

Liability of landlord to tenant or member of tenant's family, for injury by animal or insect, 67 A.L.R.2d 1005.

Liability for injury or damage from escaping refrigerant, 74 A.L.R.2d 894.

Liability for injury to person in street by glass falling from window, door, or wall, 81 A.L.R.2d 897.

Landlord's liability for personal injury or death of tenant or his privies from plumbing system or equipment, 84 A.L.R.2d 1143.

Landlord's liability for personal injury or death of tenant or privies from water heater, 84 A.L.R.2d 1190.

Landlord's liability for personal injury or death of tenant or his privies from heating system or equipment, 86 A.L.R.2d 791.

Landlord's liability for personal injury or death of tenant or privies from electrical system or equipment, 86 A.L.R.2d 838.

Modern status of rule requiring actual knowledge of latent defect in leased premises as prerequisite to landlord's liability to tenant injured thereby, 88 A.L.R.2d 586.

Liability of owner or operator of shopping center to patrons for injuries from defects or conditions in sidewalks, walks, or pedestrian passageways, 95 A.L.R.2d 1341.

Liability of owner or occupant of building for personal injury or death of person in street resulting from objects falling or thrown from building interior, 97 A.L.R.2d 1431.

Effect, on nonsigner, of provision of lease exempting landlord from liability on account of condition of property, 12 A.L.R.3d 958.

Validity, construction, and effect of provision of lease exempting landlord or tenant from liability on account of fire, 15 A.L.R.3d 786.

Landlord's liability to tenant's business patron injured as a result of defective condition of premises, 17 A.L.R.3d 422.

What constitutes "public" use affecting landlord's liability to tenant's invitees for defects in leased premises, 17 A.L.R.3d 873.

Premises liability: proceeding in the dark as contributory negligence, 22 A.L.R.3d 286.

Landlord's liability for damage to tenant's property caused by water, 35 A.L.R.3d 143.

Liability of landlord for injury or death occasioned by swimming pool maintained for tenants, 39 A.L.R.3d 824.

Modern status of rules as to existence of implied warranty of habitability or fitness for use of leased premises, 40 A.L.R.3d 646.

Landlord's failure to repair as aggravated negligence or similar fault, 40 A.L.R.3d 795.

Tenant's right, where landlord fails to make repairs, to have them made and set off cost against rent, 40 A.L.R.3d 1369.

Liability of owner or operator of park for mobile homes or trailers for injuries caused by appliances or other instruments on premises, 41 A.L.R.3d 324.

Liability of owner or operator of trailer camp or park for injury or death from condition of premises, 41 A.L.R.3d 546.

Tenant's obligation under lease as basis of tort liability to third persons, 44 A.L.R.3d 943.

Validity of exculpatory clause in lease exempting lessor from liability, 49 A.L.R.3d 321.

Landlord's liability to tenant or tenant's invitees for injury or death due to ice or snow in areas or passageways used in common by tenants, 49 A.L.R.3d 387.

Liability of owner or operator for injury caused by door of automatic passenger elevator, 63 A.L.R.3d 893.

Modern status of landlord's tort liability for injury or death of tenant or third person caused by dangerous condition of premises, 64 A.L.R.3d 339.

Liability of owner or operator for injury caused by failure of automatic elevator to level at floor, 64 A.L.R.3d 1020.

Landlord's liability for injury or death due to defects in areas of building (other than stairways) used in common by tenants, 65 A.L.R.3d 14.

Liability of landlord for personal injury or death due to inadequacy or lack of lighting on portion of premises used in common by tenants, 66 A.L.R.3d 202.

Landlord's liability for personal injury or death due to defects in appliances supplied for use of different tenants, 66 A.L.R.3d 374.

Landlord's liability for injury or death due to defects in exterior steps or stairs used in common by tenants, 67 A.L.R.3d 490.

Landlord's liability for injury or death due to defects in interior steps or stairs used in common by tenants, 67 A.L.R.3d 587.

Landlord's liability for injury or death due to defects in outside walks, drives, or grounds used in common by tenants, 68 A.L.R.3d 382.

Landlord's liability to tenant's child for personal injuries resulting from defects in premises, as affected by tenant's negligence with respect to supervision of child, 82 A.L.R.3d 1079.

Failure of landlord to make, or permit tenant to make, repairs or alterations required by public authority as constructive eviction, 86 A.L.R.3d 352.

Res ipsa loquitur as applicable in actions for damage to property by the overflow or escape of water, 91 A.L.R.3d 186.

Liability for injuries in connection with ice or snow on nonresidential premises, 95 A.L.R.3d 15.

Tenant's agreement to indemnify landlord against all claims as including losses resulting from landlord's negligence, 4 A.L.R.4th 798.

Liability of owner of store, office, or similar place of business to invitee falling on tracked-in water or snow, 20 A.L.R.4th 438.

Applicability of exculpatory clause in lease to lessee's damages resulting from defective original design or construction, 30 A.L.R.4th 971.

Landlord's tort liability to tenant for personal injury or property damage resulting from criminal conduct of employee, 38 A.L.R.4th 240.

Strict liability of landlord for injury or death of tenant or third person caused by defect in premises leased for residential use, 48 A.L.R.4th 638.

Legal aspects of speed bumps, 60 A.L.R.4th 1249.

Landlord and tenant: violation of statute or ordinance requiring landlord to furnish specified facilities or services as ground of liability for injury resulting from tenant's attempt to deal with deficiency, 63 A.L.R.4th 883.

Landlord's liability to third person for injury resulting from attack on leased premises by dangerous or vicious animal kept by tenant, 87 A.L.R.4th 1004.

Landlord's liability for injury or death of tenant's child from lead paint poisoning, 19 A.L.R.5th 405.

Liability of owner or operator of shopping center, or business housed therein, for injury to patron on premises from criminal attack by third party, 31 A.L.R.5th 550.

Landlord's liability for failure to protect tenant from criminal acts of third person, 43 A.L.R.5th 207.

Apportionment of liability between landowners and assailants for injuries to crime victims, 54 A.L.R.5th 379.

Liability of owner, operator, or other parties, for personal injuries allegedly resulting from snow or ice on premises of parking lot, 74 A.L.R.5th 49.