reglab/housing_qa huggingface dataset:
GA Code § 44-6-100 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 6 - Estates for Years|§ 44-6-100. "Estate for Years" Defined; Estate for Years in Lands Passes as Realty

  An estate for years is one which is limited in its duration to a period which is fixed or which may be made fixed and certain. Such an estate may be for any number of years, provided the limitation is within the rule against perpetuities.   An estate for years in lands passes as realty.    (Orig. Code 1863, § 2255; Code 1868, § 2247; Code 1873, § 2273; Code 1882, § 2273; Civil Code 1895, § 3109; Civil Code 1910, § 3685; Code 1933, § 85-801.)   Law reviews.   - For article analyzing legal aspects of time shared (multiple, revolving) ownership of property, see 12 Ga. St. B.J. 75 (1975). For article surveying recent legislative and judicial developments in Georgia's real property laws, see 31 Mercer L. Rev. 187 (1979). For article discussing ad valorem taxation and interest in real property in Georgia, prior to the enactment of provisions in the public revenue statute, T. 48, see 31 Mercer L. Rev. 293 (1979). For article, "The Rule Against Perpetuities as Applied to Georgia Wills and Trusts," see 16 Ga. L. Rev. 235 (1982). For article, "Usufructs and Estates for Years Distinguished," see 18 Ga. St. B.J. 116 (1982). For note discussing assignment and subletting, see 2 Mercer L. Rev. 412 (1951). 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 255 (1944), see 7 Ga. B.J. 233 (1944).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Creation   Characteristics   Usufruct Distinguished   Illustrative Cases    OPINIONS OF THE ATTORNEY GENERAL   Five-year lease presumed to convey estate for years.   - 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.   RESEARCH REFERENCES   Am. Jur. 2d.   - 28 Am. Jur. 2d, Estates, § 146. 49 Am. Jur. 2d, Landlord and Tenant, §§ 60, 62. 61 Am. Jur. 2d, Perpetuities and Restraints on Alienation, § 37.   C.J.S.   - 31 C.J.S., Estates, §§ 13, 67, 160. 51C C.J.S., Landlord and Tenant, §§ 2, 26 et seq., 202. 96 C.J.S., Wills, § 1298.   ALR.    - Merger of estate for years in fee or lesser estate, 143 A.L.R. 93.   Liability of lessee who assigns lease for rent accruing subsequently to extension or renewal of term, 10 A.L.R.3d 818.
GA Code § 44-6-104 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 6 - Estates for Years|§ 44-6-104. Right of Tenant for Years to Emblements

 A tenant for years is not entitled to emblements unless, before the end of the period which had been fixed for the termination of the estate for years, the happening of some contingency as provided in the creation of the estate terminates the estate without fault on the part of the tenant.   (Orig. Code 1863, § 2258; Code 1868, § 2250; Code 1873, § 2276; Code 1882, § 2276; Civil Code 1895, § 3112; Civil Code 1910, § 3688; Code 1933, § 85-804; Ga. L. 1982, p. 3, § 44.)   Cross references.   - Landlord and tenant relationship generally, Ch. 7 of this title.   Law reviews.   - For article, "Usufructs and Estates for Years Distinguished," see 18 Ga. St. B.J. 116 (1982).   JUDICIAL DECISIONS   General custom cannot deprive contracting party of right secured by law.    - General custom governing a trade or business cannot be proved for the purpose of depriving one of the contracting parties of an absolute right explicitly secured to that party by the law of the state. Fleming & Bowles v. King, 100 Ga. 449, 28 S.E. 239 (1897).   Custom does not give tenant right to emblements.    - If the provisions of this statute have reference to landlords and tenants when the term of the tenancy extends for less than five years and the estate is created, then, under the rule just stated, no proof or mere custom would operate to give to the tenant the right to emblements thus specifically denied. Carter v. Booth, 25 Ga. App. 796, 104 S.E. 910 (1920) (see O.C.G.A. § 44-6-104).    Cited in Bristol Sav. Bank v. Nixon, 169 Ga. 282, 150 S.E. 148 (1929).   RESEARCH REFERENCES   Am. Jur. 2d.   - 21A Am. Jur. 2d, Crops, §§ 20, 22, 23. 49 Am. Jur. 2d, Landlord and Tenant, § 65.   C.J.S.   - 51C C.J.S., Landlord and Tenant, §§ 342, 349.   ALR.   - Rights of lessee to minerals extracted during the lease but remaining on the premises after its termination, 51 A.L.R.2d 1121.
GA Code § 44-6-106 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 6 - Estates for Years|§ 44-6-106. Dependent and Independent Covenants or Conditions

 In light of the entire instrument, the dependence or independence of covenants or conditions must be determined from the intention of the parties. If the conditions are dependent, the failure of the person first required to act shall be an excuse to the other party for failing to comply; if the conditions are independent, no such excuse shall avail. The law favors conditions to be independent.   (Orig. Code 1863, § 2279; Code 1868, § 2272; Code 1873, § 2298; Code 1882, § 2298; Civil Code 1895, § 3140; Civil Code 1910, § 3720; Code 1933, § 85-905.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 20 Am. Jur. 2d, Covenants, Conditions, and Restrictions, § 10 et seq. 28 Am. Jur. 2d, Estates, § 144 et seq.   C.J.S.   - 26A C.J.S., Deeds, §§ 273, 304 et seq., 315, 316, 319, 322, 326, 345 et seq. 31 C.J.S., Estates, § 21 et seq. 96 C.J.S., Wills, § 1408 et seq.   ALR.    - Restraint upon voluntary alienation of legal life estate, 160 A.L.R. 639.
GA Code § 44-6-201 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 9 - Uniform Statutory Rule Against Perpetuities|§ 44-6-201. Validity of Nonvested Property Interest or Power of Appointment

  A nonvested property interest is invalid unless:   When the interest is created, it is certain either to vest or to terminate within the lifetime of an individual then alive or within 21 years after the death of that individual; or   The interest either vests or terminates within 360 years after its creation.     A general power of appointment not presently exercisable because of a condition precedent is invalid unless:   When the power is created, the condition precedent is certain either to be satisfied or to become impossible to satisfy within the lifetime of an individual then alive or within 21 years after the death of that individual; or   The condition precedent either is satisfied or becomes impossible to satisfy within 360 years after its creation.     A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:   When the power is created, it is certain to be irrevocably exercised or otherwise to terminate within the lifetime of an individual then alive or within 21 years after the death of that individual; or   The power is irrevocably exercised or otherwise terminates within 360 years after its creation.     In determining whether a nonvested property interest or a power of appointment is valid under paragraph (1) of subsection (a), paragraph (1) of subsection (b), or paragraph (1) of subsection (c) of this Code section, the possibility that a child will be born to an individual after the individual's death is disregarded.     (Code 1981, §44-6-201, enacted by Ga. L. 1990, p. 1837, § 2; Ga. L. 2018, p. 262, § 1/HB 121.)    The 2018 amendment,  effective July 1, 2018, substituted "360 years" for "90 years" in paragraphs (a)(2), (b)(2), and (c)(2).   Law reviews.   - For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).   JUDICIAL DECISIONS   Vesting within 90 years.    - Executrix failed to obtain a declaratory judgment from a federal district court to the effect that a realty sales agreement between a decedent and a public trust, which contained a right of first offer (RFO), was unenforceable under Georgia law; the contract did not violate the common law rule against perpetuities or, even if it did, did not violate the rule's codification at O.C.G.A. § 44-6-201(a)(2) because the RFO, which expired 20 years from the date of its creation, was reasonable as a matter of law, and it was not clearly impossible for the RFO to vest within 90 years under the statute's "wait and see" provision. Stephens v. Trust for Pub. Land, 475 F. Supp. 2d 1299 (N.D. Ga. 2007).    Cited in Owenby v. Holley, 256 Ga. App. 13, 567 S.E.2d 351 (2002).
GA Code § 44-6-202 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 9 - Uniform Statutory Rule Against Perpetuities|§ 44-6-202. Time of Creation of Nonvested Property Interest or Power of Appointment

  Except as provided in subsections (b) and (c) of this Code section and in subsection (a) of Code Section 44-6-205, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.   For purposes of this article, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of:   A nonvested property interest; or   A property interest subject to a power of appointment described in subsection (b) or (c) of Code Section 44-6-201,  the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.      For purposes of this article, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.     (Code 1981, §44-6-202, enacted by Ga. L. 1990, p. 1837, § 2.)
GA Code § 44-6-203 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 9 - Uniform Statutory Rule Against Perpetuities|§ 44-6-203. Reform of Disposition by Court to Approximate Transferor's Plan of Distribution

 Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the number of years allowed by paragraph (2) of subsection (a), (b), or (c) of Code Section 44-6-201 if:    A nonvested property interest or a power of appointment becomes invalid under Code Section 44-6-201;   A class gift is not but might still become invalid under Code Section 44-6-201 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or   A nonvested property interest that is not validated by paragraph (1) of subsection (a) of Code Section 44-6-201 can vest, but not within 360 years after its creation.     (Code 1981, §44-6-203, enacted by Ga. L. 1990, p. 1837, § 2; Ga. L. 2018, p. 262, § 2/HB 121.)    The 2018 amendment,  effective July 1, 2018, substituted "number of years allowed by paragraph (2) of subsection (a), (b), or (c)" for "90 years allowed by paragraph (2) of subsection (a), paragraph (2) of subsection (b), or paragraph (2) of subsection (c)" in the middle of the introductory paragraph; and substituted "360 years" for "90 years" in paragraph (3).   Law reviews.   - For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).
GA Code § 44-6-204 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 9 - Uniform Statutory Rule Against Perpetuities|§ 44-6-204. Exceptions to Applicability of Article

 Code Section 44-6-201 shall not apply to:    A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:   A premarital or postmarital agreement;   A separation or divorce settlement;   A spouse's election;   A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties;   A contract to make or not to revoke a will or trust;   A contract to exercise or not to exercise a power of appointment;   A transfer in satisfaction of a duty of support; or   A reciprocal transfer;     A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;   A power to appoint a fiduciary;   A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal. Nothing contained in paragraphs (2) and (3) of this Code section and this paragraph shall be construed to permit the fiduciary to continue the administration or management of assets once the nonvested property interest becomes invalid as described in subsection (a) of Code Section 44-6-201;   A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;   A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or   A property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state.     (Code 1981, §44-6-204, enacted by Ga. L. 1990, p. 1837, § 2.)
GA Code § 44-6-205 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 9 - Uniform Statutory Rule Against Perpetuities|§ 44-6-205. Applicability of Article; Court Reform of Nonvested Dispositions Created Before Article Became Effective

  Except as extended by subsection (b) of this Code section, this article applies to a nonvested property interest or a power of appointment that is created on or after July 1, 2018. For purposes of this Code section only, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.   With respect to a nonvested property interest or a power of appointment that was created before July 1, 2018, and that violates this state's rule against perpetuities as that rule existed before July 1, 2018, a court upon the petition of an interested party may exercise its equitable power to reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.     (Code 1981, §44-6-205, enacted by Ga. L. 1990, p. 1837, § 2; Ga. L. 2018, p. 262, § 3/HB 121.)    The 2018 amendment,  effective July 1, 2018, substituted "July 1, 2018" for "May 1, 1990" in the first sentence of subsection (a) and twice in subsection (b).   Law reviews.   - For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).   JUDICIAL DECISIONS   In general.    - Trial court properly utilized the court's statutory authority under O.C.G.A. § 44-6-205(b) to reform a trust instrument that violated the rule against perpetuities. Scott v. South Trust Asset Mgmt. Co., 274 Ga. 523, 555 S.E.2d 732 (2001).    Cited in Stephens v. Trust for Pub. Land, 475 F. Supp. 2d 1299 (N.D. Ga. 2007); Cartersville Ranch, LLC v. Dellinger, 295 Ga. 195, 758 S.E.2d 781 (2014).
GA Code § 44-6-206 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 9 - Uniform Statutory Rule Against Perpetuities|§ 44-6-206. Application and Construction of Article

 This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.    (Code 1981, §44-6-206, enacted by Ga. L. 1990, p. 1837, § 2.)
GA Code § 44-7-3 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 1 - In General|§ 44-7-3. Disclosure of Ownership and Agents; Effect of Failure to Comply

  At or before the commencement of a tenancy, the landlord or an agent or other person authorized to enter into a rental agreement on behalf of the landlord shall disclose to the tenant in writing the names and addresses of the following persons:   The owner of record of the premises or a person authorized to act for and on behalf of the owner for the purposes of serving of process and receiving and receipting for demands and notice; and   The person authorized to manage the premises.  In the event of a change in any of the names and addresses required to be contained in such statement, the landlord shall advise each tenant of the change within 30 days after the change either in writing or by posting a notice of the change in a conspicuous place.      A person who enters into a rental agreement on behalf of an owner or a landlord or both and who fails to comply with the disclosure requirements in paragraphs (1) and (2) of subsection (a) of this Code section becomes an agent of the owner or the landlord or both for serving of process and receiving and receipting for notices and demands; for performing the obligations of the landlord under this chapter; and for expending or making available, for the purpose of fulfilling such obligations, all rent collected from the premises.    (Code 1933, § 61-102.1, enacted by Ga. L. 1976, p. 1372, § 2; Ga. L. 1982, p. 3, § 44.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 49 Am. Jur. 2d, Landlord and Tenant, § 3.   C.J.S.   - 51C C.J.S., Landlord and Tenant, § 1 et seq.   ALR.    - Fraud, misrepresentation, or mistake as affecting estoppel of tenant to deny landlord's title, 2 A.L.R. 359.   Continued possession of tenant as constructive notice to third person of unrecorded transfer of title of original lessor, 1 A.L.R.2d 322.
GA Code § 44-7-4 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 1 - In General|§ 44-7-4. Local Ordinances Relating to Security of Premises Occupied by Tenants; Cumulative Effect of This Code Section

  Municipalities and counties may establish by local ordinance minimum security standards not in conflict with applicable fire codes to prevent the unauthorized entry of premises occupied by a tenant as a dwelling place and may require landlords to comply with such standards.   This Code section shall be cumulative to and shall not prohibit the enactment of other general and local laws, rules and regulations of state or local agencies, and local ordinances on this subject.    (Code 1933, § 61-102.2, enacted by Ga. L. 1976, p. 1372, § 3.)   RESEARCH REFERENCES   C.J.S.   - 62 C.J.S., Municipal Corporations, § 104 et seq.   ALR.   - Landlord's liability for failure to protect tenant from criminal activities of third person, 43 A.L.R.5th 207.
GA Code § 44-7-5 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 1 - In General|§ 44-7-5. When Implied Contract to Pay Rent Arises

 When, in an action for rent, title is shown in the plaintiff and occupation by the defendant is proved, an obligation to pay rent is generally implied. However, if the entry of the defendant on the premises was not under the plaintiff or if the possession of the defendant is adverse to the plaintiff, no such implication arises.   (Civil Code 1895, § 3116; Civil Code 1910, § 3692; Code 1933, § 61-103.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 49 Am. Jur. 2d, Landlord and Tenant, § 408.   C.J.S.   - 52A C.J.S., Landlord and Tenant, § 988.   ALR.    - Surrender and acceptance of term as affecting right to recover rent or an obligation given for rent, 18 A.L.R. 957; 58 A.L.R. 906.    Where rent payable, 23 A.L.R. 883.    Effect of nonhabitability of leased dwelling or apartment, 29 A.L.R. 52; 34 A.L.R. 711.    Validity and enforceability of provision for renewal of lease at rental not determined, 30 A.L.R. 572; 68 A.L.R. 157; 166 A.L.R. 1237.    Right to compensation for board furnished to relatives of wife, 36 A.L.R. 677.    Lease of property for sale of liquor in violation of law as affecting right to rent, 42 A.L.R. 1036.    Crop failure as affecting liability for rent, 51 A.L.R. 1291.    Surrender and acceptance of term as affecting right to recover rent or on obligation given for rent, 58 A.L.R. 906.    Tenant's liability for rent subsequent to appointment of receiver in suit or proceeding by landlord or by parties in privity with landlord, 61 A.L.R. 372.    Liability of lessee's assignee to lessor for rent where he abandons possession, 70 A.L.R. 1102.    Claim of lessor or privy against receiver of lessee in respect of leasehold which latter elects not to take over, 84 A.L.R. 892; 111 A.L.R. 556.    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, construction, and application of statute or ordinance which precludes recovery of rent in case of occupancy of building which does not conform to building and health regulations, or where certificate of conformity has not been issued, 144 A.L.R. 259.    Seller's, bailor's, lessor's, or lender's knowledge of the other party's intention to put the property or money to an illegal use as defense to action for purchase price, rent, or loan, 166 A.L.R. 1353.   Factors and elements considered in fixing rental for extended or renewal term where removal or extension clause leaves amount of rental for future determination, 6 A.L.R.2d 448.   Vendee's liability for use and occupancy of premises, where vendor disaffirms an unenforceable land contract, 49 A.L.R.2d 1169.   Right of tenant to recover rentals previously paid to one mistakenly believed to be owner of property, 57 A.L.R.2d 350.   Landlord and tenant: constructive eviction based on flooding, dampness, or the like, 33 A.L.R.3d 1356.
GA Code § 44-7-8 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 1 - In General|§ 44-7-8. Tenancy at Will - Right of Tenant to Emblements

 The tenant at will is entitled to his emblements if the crop is sowed or planted before the landlord gives him notice of termination of the tenancy, if the tenancy is terminated by the judicial sale of the estate by the landlord or by death of the landlord or tenant, or if for any other cause the tenancy is suddenly terminated.   (Orig. Code 1863, § 2273; Code 1868, § 2266; Code 1873, § 2292; Code 1882, § 2292; Civil Code 1895, § 3134; Civil Code 1910, § 3710; Code 1933, § 61-106.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 49 Am. Jur. 2d, Landlord and Tenant, § 69 et seq.   C.J.S.   - 51C C.J.S., Landlord and Tenant, § 156.   ALR.    - Duty and liability of farm tenant in respect to livestock leased with farm, 32 A.L.R. 857.    Rights, as between landlord and tenant, in respect of crops unharvested at expiration of tenancy (doctrine of emblements), 141 A.L.R. 1240.    Deed or lease of real property as affecting rights and remedies available against tenant at will or by sufferance, 151 A.L.R. 369.   Rights of lessee to minerals extracted during the lease but remaining on the premises after its termination, 51 A.L.R.2d 1121.