2022 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.

History. 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.

Cross references.

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 .

Law reviews.

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 note discussing assignment and subletting, see 2 Mercer L. Rev. 412 (1951).

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).

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).