2021 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 1 - In General
§ 44-7-2. Parol Contract Creating Landlord and Tenant Relationship; Certain Provisions Prohibited; Effect of Provision for Attorney's Fees

1. Contracts creating the relationship of landlord and tenant for any time not exceeding one year may be by parol.
2. In any contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling place, a landlord or a tenant may not waive, assign, transfer, or otherwise avoid any of the rights, duties, or remedies contained in the following provisions of law:
   1. Code Section 44-7-13, relating to the duties of a landlord as to repairs and improvements;
   2. Code Section 44-7-14, relating to the liability of a landlord for failure to repair;
   3. Ordinances adopted pursuant to Code Section 36-61-11;
   4. Article 3 of this chapter, relating to proceedings against tenants holding over;
   5. Article 4 of this chapter, relating to distress warrants;
   6. Article 2 of this chapter, relating to security deposits; and
   7. Any applicable provision of Chapter 11 of Title 9 which has not been superseded by this chapter.
3. A provision for the payment by the tenant of the attorney's fees of the landlord upon the breach of a rental agreement by the tenant, which provision is contained in a contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling place shall be void unless the provision also provides for the payment by the landlord of the attorney's fees of the tenant upon the breach of the rental agreement by the landlord.

(Orig. Code 1863, § 2262; Code 1868, § 2254; Code 1873, § 2280; Code 1882, § 2280; Civil Code 1895, § 3117; Civil Code 1910, § 3693; Code 1933, § 61-102; Ga. L. 1976, p. 1372, § 1; Ga. L. 1982, p. 3, § 44.)

- Statute of frauds, § 13-5-30 et seq.

- For article surveying developments in Georgia contracts law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 67 (1981). For article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981). For note concerning the availability of an implied warrant or habitability and an illegal contract defense under subsection (b) of this Code section, see 28 Mercer L. Rev. 351 (1976). For note discussing exculpatory clauses in leases in light of Country Club Apts. v. Scott, 246 Ga. 443, 271 S.E.2d 841 (1980), see 32 Mercer L. Rev. 419 (1980). For note, "Don't Let the Bed Bugs Bill: Landlord Liability for Bed Bug Infestations," see 34 Ga. St. U. L. Rev. 479 (2018).

ANALYSIS

• General Consideration
• Exculpatory Clauses
• Decisions Under Prior Law

RESEARCH REFERENCES

C.J.S.

- 51C C.J.S., Landlord and Tenant, § 2.

- 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.

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

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

Right to recover exaction by lessor as condition of consent to assignment or sublease, 40 A.L.R. 553.

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.

Period covered by lessee's, sublessee's or assignee's covenant to pay taxes or assessments, 97 A.L.R. 931.

When landlord's reletting, or efforts to relet, after tenant's abandonment or refusal to enter, deemed to be acceptance of surrender, 110 A.L.R. 368.

When lease deemed to show intention that an assignment thereof shall relieve the lessee from further liability, contrary to the general rule in that regard, 110 A.L.R. 591.

Rights and remedies of tenant who takes possession of land under agreement in violation of statute of frauds, 119 A.L.R. 1225.

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.

Option for renewal of lease or for purchase as conditional upon optionor's purpose to lease or sell property, 127 A.L.R. 894.

Option in lease for renewal or purchase as affecting rights and obligations in respect of sublease, 127 A.L.R. 948.

Validity, construction, and enforceability of provision of lease creating or reserving option or election for future enlargement, reduction, or other variation as regards the premises to be occupied by tenant, 129 A.L.R. 772.

Right of lessee to equitable relief against forfeiture for breach of conditions as affected by lessor's giving a lease to or entering into other contractual obligations with a third person, 166 A.L.R. 807.

Right of owner of housing development or apartment houses to restrict canvassing, peddling, solicitation of contributions, etc., 3 A.L.R.2d 1431.

Construction and application of provision in lease under which landlord is to receive percentage of lessee's profits or receipts, 38 A.L.R.2d 1113; 58 A.L.R.3d 384.

Doctrine of part performance with respect to renewal option in lease not complying with statute of frauds, 80 A.L.R.2d 425.

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

Liability of lessee who refuses to take possession under executed lease or executory agreement to lease, 85 A.L.R.3d 514.

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

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

Sufficiency of provision of lease to effect second or perpetual right of renewal, 29 A.L.R.4th 172.

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

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

Provision in lease as to purpose for which premises are to be used as excluding other uses, 86 A.L.R.4th 259.

What constitutes tenant's holding over leased premises, 13 A.L.R.5th 169.