GA Code § 44-6-105 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 6 - Estates for Years|§ 44-6-105. Liability of Tenant for Years for Repairs and Expenses

 A tenant for years is liable for all repairs or other expenses which are necessary for the preservation and protection of the property.   (Orig. Code 1863, § 2259; Code 1868, § 2251; Code 1873, § 2277; Code 1882, § 2277; Civil Code 1895, § 3113; Civil Code 1910, § 3689; Code 1933, § 85-805.)   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   Tenant bound for all repairs and necessary expenses.    - When an estate for years is created, this statute, following the common law, makes the tenant bound for all repairs or other expenses necessary for the preservation and protection of the property. Mayer & Crine v. Morehead, 106 Ga. 434, 32 S.E. 349 (1899) (see O.C.G.A. § 44-6-105).   Contract provisions determine intent of parties.    - Unless there is express provision in lease contract, statute's general principle of law is applicable as between the parties. However, the lease contract in its entirety and in view of the facts and circumstances concerning the situation will be looked to in determining the intention of the parties to the contract. Shippen v. Georgia Better Foods, Inc., 79 Ga. App. 813, 54 S.E.2d 704 (1949) (see O.C.G.A. § 44-6-105).   Section applies when contract insufficient.    - Section sets presumptive standard when agreement fails to spell out respective obligations of the parties. Sadler v. Winn-Dixie Stores, Inc., 152 Ga. App. 763, 264 S.E.2d 291 (1979) (see O.C.G.A. § 44-6-105).    Section does not obligate the lessee beyond ordinary wear and tear, and does not require the holder of an estate for years to restore premises injured by fire or extraordinary catastrophes or calamities. Alwood v. Commercial Union Assurance Co., 107 Ga. App. 797, 131 S.E.2d 594 (1963).   Improvements and repairs necessary to preserve buildings and prevent destruction should be made.    - In an estate for years, when the owner of the estate is to all intents and purposes the owner with unqualified possession, such improvements and repairs necessary to preserve the buildings on the premises comprising the estate and prevent their decadence, as well as to prevent their condemnation and destruction as fire hazards and unsafe buildings, and as a nuisance, should be made by the lessee or the owner of the estate for years. Evans Theatre Corp. v. De Give Inv. Co., 79 Ga. App. 62, 52 S.E.2d 655 (1949).   Whole rent recoverable notwithstanding total destruction of house on premises.    - When farming lands were rented for a term of years and the tenants agreed "to keep up all repairs at their own expense, fire and providential causes excepted," the whole rent could be recovered, notwithstanding the total destruction by accidental fire of a house situated on the rented premises. Mayer & Crine v. Morehead, 106 Ga. 434, 32 S.E. 349 (1899).    Cited in Kanes v. Koutras, 203 Ga. 570, 47 S.E.2d 558 (1948); Ginsberg v. Wade, 95 Ga. App. 475, 97 S.E.2d 915 (1957); Buoy v. Chatham County Bd. of Tax Assessors, 142 Ga. App. 172, 235 S.E.2d 556 (1977); International Indus., Inc. v. Dantone, 147 Ga. App. 247, 248 S.E.2d 530 (1978).   RESEARCH REFERENCES   Am. Jur. 2d.   - 49 Am. Jur. 2d, Landlord and Tenant, §§ 772, 793 et seq.   C.J.S.   - 51C C.J.S., Landlord and Tenant, § 366 et seq.