reglab/housing_qa huggingface dataset:
GA Code § 44-7-9 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 1 - In General|§ 44-7-9. Estoppel to Dispute Landlord's Title or Attorn to Another

 The tenant may not dispute his landlord's title or attorn to another claimant while he is in actual physical occupation, while he is performing any active or passive act or taking any position whereby he expressly or impliedly recognizes his landlord's title, or while he is taking any position that is inconsistent with the position that the landlord's title is defective.   (Orig. Code 1863, § 2265; Code 1868, § 2257; Code 1873, § 2283; Code 1882, § 2283; Civil Code 1895, § 3122; Civil Code 1910, § 3698; Code 1933, § 61-107; Ga. L. 1967, p. 774, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 49 Am. Jur. 2d, Landlord and Tenant, § 98 et seq.   C.J.S.   - 51C C.J.S., Landlord and Tenant, § 266 et seq.   ALR.    - Fraud, misrepresentation, or mistake as affecting estoppel of tenant to deny landlord's title, 2 A.L.R. 359.    Estoppel of assignee or sublessee to dispute lessor's title where assignment or sublease is conditioned upon validity of the title, 36 A.L.R. 1287.    Estoppel to dispute landlord's title where tenant never was in possession under the lease, 98 A.L.R. 545.    Tenant's adverse possession or use of third person's land not within the description in the lease as inuring to landlord's benefit so as to support latter's title or right by adverse possession or prescription, 105 A.L.R. 1187.    Right of tenant, as against landlord, to acquire or assert title based on foreclosure of lien or sale for tax or special assessment, 172 A.L.R. 1181.   Estoppel by lease: effect of lessor's after-acquired title or interest during lease term, 51 A.L.R.2d 1238.
GA Code § 44-7-14.1 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 1 - In General|§ 44-7-14.1. Landlord's Duties as to Utilities

  As used in this Code section, the term "utilities" means heat, light, and water service.   It shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until after the final disposition of any dispossessory proceeding by the landlord against such tenant.   Any person who violates subsection (b) of this Code section shall, upon conviction, be assessed a fine not to exceed $500.00.     (Code 1981, §44-7-14.1, enacted by Ga. L. 1988, p. 923, § 1.)   RESEARCH REFERENCES   ALR.   - 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.
GA Code § 44-7-15 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 1 - In General|§ 44-7-15. Effect of Destruction of Tenement on Obligation to Pay Rent

 The destruction of a tenement by fire or the loss of possession by any casualty not caused by the landlord or from a defect of his title shall not abate the rent contracted to be paid.   (Orig. Code 1863, § 2274; Code 1868, § 2267; Code 1873, § 2293; Code 1882, § 2293; Civil Code 1895, § 3135; Civil Code 1910, § 3711; Code 1933, § 61-113.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 49 Am. Jur. 2d, Landlord and Tenant, §§ 456, 475.   C.J.S.   - 52A C.J.S., Landlord and Tenant, § 1010.   ALR.    - What is unavoidable or inevitable casualty or accident within provision of lease, 20 A.L.R. 1101; 24 A.L.R. 1461.    Acts of insurance company or public authorities to protect property after fire as constructive eviction of tenant, 29 A.L.R. 1361.    Landlord's liability for damage to tenant's property by fire, 66 A.L.R. 1393.    Condition of premises within contemplation of provision of lease or statute for cessation of rent or termination of lease in event of destruction of or damage to property as result of fire, 118 A.L.R. 106; 61 A.L.R.2d 1445.    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.    Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 163 A.L.R. 679.   Duty of lessee to remove his equipment, machinery, debris, or other property from leased premises after a fire or casualty, 46 A.L.R.2d 839.   Condition of premises within contemplation of provision of lease or statute for cessation of rent or termination of lease in event of destruction of or damage to property as result of fire, calamity, the elements, act of God, or the like, 61 A.L.R.2d 1445.   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 for damage to tenant's property caused by water, 35 A.L.R.3d 143.   Modern status of rule as to tenant's rent liability after injury to or destruction of demised premises, 99 A.L.R.3d 738.
GA Code § 44-7-16 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 1 - In General|§ 44-7-16. Accrual of Interest on Rent Owed

 All contracts for rent shall bear interest from the time the rent is due.   (Laws 1811, Cobb's 1851 Digest, p. 901; Code 1863, § 2269; Code 1868, § 2262; Code 1873, § 2288; Code 1882, § 2288; Civil Code 1895, § 3128; Civil Code 1910, § 3704; Code 1933, § 61-114; Ga. L. 1946, p. 761, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 49 Am. Jur. 2d, Landlord and Tenant, § 416.   C.J.S.   - 52A C.J.S., Landlord and Tenant, §§ 1101, 1161 et seq., 1274.   ALR.   - Application of usury laws to transactions characterized as "leases,", 94 A.L.R.3d 640.   Propriety of landlord's imposition of fee for late payment of rent, 49 A.L.R.7th Art. 2.   Intentional or negligent infliction of emotional distress in aviation cases involving crashes, hard landings, or in-flight injuries, 49 A.L.R.7th Art. 9.
GA Code § 44-7-17 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 1 - In General|§ 44-7-17. Exemption From Liens Against Tenant of Crops Paid as Rent

 When it is agreed that the tenant shall pay to the landlord as rent a part of the crop produced on the lands rented from the landlord and the tenant, in good faith, delivers the part of the crop agreed on in discharge of his rent, such part of the crop so delivered shall be discharged from the lien of any judgment, decree, or other process whatsoever against the tenant.   (Ga. L. 1884-85, p. 91, § 1; Civil Code 1895, § 3127; Civil Code 1910, § 3703; Code 1933, § 61-115; Ga. L. 1982, p. 3, § 44.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 49 Am. Jur. 2d, Landlord and Tenant, § 565.   C.J.S.   - 52A C.J.S., Landlord and Tenant, § 1235 et seq.   ALR.    - Priority as between landlord's lien on chattels and chattel mortgage, 52 A.L.R. 935.    Subject-matter covered by landlord's statutory lien for rent, 96 A.L.R. 249.
GA Code § 44-7-18 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 1 - In General|§ 44-7-18. Effect of Leases for Purposes of Prostitution or Assignation

  As used in this Code section, the term:   "Assignation" means the making of any appointment or engagement for prostitution or any act in furtherance of such appointment or engagement.   "Prostitution" means the offering or giving of the body for sexual intercourse, sex perversion, obscenity, or lewdness for hire.   "Tourist camp" means any temporary or permanent buildings, tents, cabins or structures, or trailers or other vehicles which are maintained, offered, or used for dwelling or sleeping quarters for pay.     All leases and agreements letting, subletting, or renting any house, place, building, tourist camp, or other structure for the purpose of prostitution or assignation shall be void.    (Ga. L. 1943, p. 568, § 3.)   Cross references.   - Penalty for prostitution and keeping place of prostitution, §§ 16-6-9,16-6-10.   Abatement of houses of prostitution, Ch. 3, T. 41.   JUDICIAL DECISIONS    Cited in Price v. State, 76 Ga. App. 108, 45 S.E.2d 84 (1947); Pippin v. State, 205 Ga. 316, 53 S.E.2d 482 (1949).   RESEARCH REFERENCES   Am. Jur. 2d.   - 49 Am. Jur. 2d, Landlord and Tenants, § 39 et seq.   C.J.S.   - 51C C.J.S., Landlord and Tenant, § 226.   ALR.    - 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.   Construction and application of statute authorizing forfeiture or termination of lease because of tenant's illegal use of premises, 100 A.L.R.2d 465.   Lease provisions allowing termination or forfeiture for violation of law, 92 A.L.R.3d 967.
GA Code § 44-7-19 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 1 - In General|§ 44-7-19. Restrictions on Rent Regulation by Local Governments

 No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which would regulate in any way the amount of rent to be charged for privately owned, single-family or multiple-unit residential rental property. This Code section shall not be construed as prohibiting any county or municipal corporation, or any authority created by a county or municipal corporation for that purpose, from regulating in any way property belonging to such county, such municipal corporation, or such authority from entering into any agreements with private persons, which agreements regulate the amount of rent to be charged for such rental properties.    (Code 1981, §44-7-19, enacted by Ga. L. 1984, p. 1079, § 1.)
GA Code § 44-7-20 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 1 - In General|§ 44-7-20. Notification to Prospective Tenant of Property's Propensity Toward Flooding

 When the owner of real property, either directly or through an agent, seeks to lease or rent that property for residential occupancy, prior to entering a written agreement for the leasehold of that property, the owner shall, either directly or through an agent, notify the prospective tenant in writing of the property's propensity of flooding if flooding has damaged any portion of the living space covered by the lease or attachments thereto to which the tenant or the tenant's resident relative has sole and exclusive use under the written agreement at least three times during the five-year period immediately preceding the date of the lease. An owner failing to give such notice shall be liable in tort to the tenant and the tenant's family residing on the leased premises for damages to the personal property of the lessee or a resident relative of the lessee which is proximately caused by flooding which occurs during the term of the lease. For purposes of this Code section, flooding is defined as the inundation of a portion of the living space covered by the lease which was caused by an increased water level in an established water source such as a river, stream, or drainage ditch or as a ponding of water at or near the point where heavy or excessive rain fell. This Code section shall apply only to leaseholds entered into on or after July 1, 1995.    (Code 1981, §44-7-20, enacted by Ga. L. 1995, p. 266, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1995, "inundation" was substituted for "innundation" in the third sentence.   Law reviews.   - For note on the 1995 enactment of this Code section, see 12 Ga. St. U.L. Rev. 310 (1995).   JUDICIAL DECISIONS   Failure to state a claim.    - In a suit brought by the tenants against the landlord and property management company (defendants), the trial court properly granted the defendants summary judgment on the per se negligence claim under O.C.G.A. § 44-7-20 since the statute was inapplicable due to the tenants not alleging that the tenants living space flooded at least three times during the five-year period because of flooding from a river, stream, drainage ditch, or a ponding of water. Ellis v. Hartford Run Apartments, LLC, 335 Ga. App. 118, 779 S.E.2d 103 (2015), cert. denied, No. S16C0607, 2016 Ga. LEXIS 289 (Ga. 2016).
GA Code § 44-7-30 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 2 - Security Deposits|§ 44-7-30. Definitions

 As used in this article, the term:    "Nonrefundable fee" means any money or other consideration paid or given by a tenant to a landlord under the terms of a residential rental agreement which the parties agreed would not be refunded.   "Residential rental agreement" means a contract, lease, or license agreement for the rental or use of real property as a dwelling place.   "Security deposit" means money or any other form of security given after July 1, 1976, by a tenant to a landlord which shall be held by the landlord on behalf of a tenant by virtue of a residential rental agreement and shall include, but not be limited to, damage deposits, advance rent deposits, and pet deposits. Such term shall not include nonrefundable fees, or money or other consideration which are not to be returned to the tenant under the terms of the residential rental agreement or which were to be applied toward the payment of rent or reimbursement of services or utilities provided to the tenant.    (Code 1933, § 61-601, enacted by Ga. L. 1976, p. 1372, § 6; Ga. L. 1982, p. 3, § 44; Ga. L. 2007, p. 498, § 3/SB 94.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 49 Am. Jur. 2d, Landlord and Tenant, § 522.   C.J.S.   - 52A C.J.S., Landlord and Tenant, § 989 et seq.   ALR.    - Validity and construction of provision of lease or condition of bond protecting lessor from loss in consequence of violation of the liquor law, 62 A.L.R. 431.
GA Code § 44-7-31 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 2 - Security Deposits|§ 44-7-31. Placement of Security Deposit in Trust in Escrow Account; Notice to Tenant of Account Location

 Except as provided in Code Section 44-7-32, whenever a security deposit is held by a landlord or such landlord's agent on behalf of a tenant, such security deposit shall be deposited in an escrow account established only for that purpose in any bank or lending institution subject to regulation by this state or any agency of the United States government. The security deposit shall be held in trust for the tenant by the landlord or such landlord's agent except as provided in Code Section 44-7-34. Tenants shall be informed in writing of the location of the escrow account required by this Code section.   (Code 1933, § 61-602, enacted by Ga. L. 1976, p. 1372, § 6; Ga. L. 2006, p. 656, § 1/HB 1273.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 49 Am. Jur. 2d, Landlord and Tenant, § 60.   C.J.S.   - 52A C.J.S., Landlord and Tenant, § 990.   ALR.    - Validity and construction of provision of lease or condition of bond protecting lessor from loss in consequence of violation of the liquor law, 62 A.L.R. 431.
GA Code § 44-7-32 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 2 - Security Deposits|§ 44-7-32. Surety Bond in Lieu of Escrow Account; Withdrawal of Surety; Fees; Liability of Clerk of Superior Court

  As an alternative to the requirement that security deposits be placed in escrow as provided in Code Section 44-7-31, the landlord may post and maintain an effective surety bond with the clerk of the superior court in the county in which the dwelling unit is located. The amount of the bond shall be the total amount of the security deposits which the landlord holds on behalf of the tenants or $50,000.00, whichever is less. The bond shall be executed by the landlord as principal and a surety company authorized and licensed to do business in this state as surety. The bond shall be conditioned upon the faithful compliance of the landlord with Code Section 44-7-34 and the return of the security deposits in the event of the bankruptcy of the landlord or foreclosure of the premises and shall run to the benefit of any tenant injured by the landlord's violation of Code Section 44-7-34.   The surety may withdraw from the bond by giving 30 days' written notice by registered or certified mail or statutory overnight delivery to the clerk of the superior court in the county in which the principal's dwelling unit is located, provided that such withdrawal shall not release the surety from any liability existing under the bond at the time of the effective date of the withdrawal.   The clerk of the superior court shall receive a fee of $5.00 for filing and recording the surety bond and shall also receive a fee of $5.00 for canceling the surety bond. The clerk of the superior court shall not be held personally liable should the surety bond prove to be invalid.    (Code 1933, § 61-603, enacted by Ga. L. 1976, p. 1372, § 6; Ga. L. 2000, p. 1589, § 3.)   OPINIONS OF THE ATTORNEY GENERAL   Section 43-40-20 controls as to brokers' escrow accounts.    - Requirement of former Code 1933, § 84-1419 (see O.C.G.A. § 43-40-20) that brokers maintain security deposits only in an escrow account, since it dealt with a more specific class than Ga. L. 1976, p. 1372, § 6 (see O.C.G.A. § 44-7-32), and predated Ga. L. 1976, p. 1372, § 6, was controlling as to that class or in other words, brokers. 1976 Op. Att'y Gen. No. 76-101.   Partners may not purchase surety bond in lieu of escrow accounts.   - General partner, who is a licensed broker in a limited partnership may not purchase a surety bond in lieu of placing security deposits in the broker's designated trust account, and, similarly, a partner in a partnership, who is also a licensed real estate broker, may not purchase a surety bond in lieu of placing deposits in a designated trust account. 1984 Op. Att'y Gen. No. 84-80.   RESEARCH REFERENCES   Am. Jur. 2d.   - 49 Am. Jur. 2d, Landlord and Tenant, § 523.   C.J.S.   - 52A C.J.S., Landlord and Tenant, § 989 et seq.   ALR.    - Construction and effect of provision of lease or bond saving liability of tenant or sureties in case of forfeiture of lease or re-entry by landlord, 99 A.L.R. 42.
GA Code § 44-7-36 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 2 - Security Deposits|§ 44-7-36. Certain Rental Units Exempt From Article

 Code Sections 44-7-31, 44-7-32, 44-7-33, and 44-7-35 shall not apply to rental units which are owned by a natural person if such natural person, his or her spouse, and his or her minor children collectively own ten or fewer rental units; provided, however, that this exemption does not apply to units for which management, including rent collection, is performed by third persons, natural or otherwise, for a fee.   (Code 1933, § 61-607, enacted by Ga. L. 1976, p. 1372, § 6.)
GA Code § 44-7-37 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 2 - Security Deposits|§ 44-7-37. Liability for Rent of Military Personnel Receiving Change of Duty Orders

 Notwithstanding any other provision of this chapter, if a person is on active duty with the United States military and enters into a residential lease of property for occupancy by that person or that person's immediate family and subsequently receives permanent change of station orders or temporary duty orders for a period in excess of three months, any liability of the person for rent under the lease may not exceed:    Thirty days' rent after written notice and proof of the assignment are given to the landlord; and   The cost of repairing damage to the premises caused by an act or omission of the tenant.     (Code 1981, §44-7-37, enacted by Ga. L. 1990, p. 1829, § 1; Ga. L. 1991, p. 94, § 44; Ga. L. 1991, p. 360, § 1.)   Editor's notes.   - Ga. L. 1990, p. 1829, § 2 provides that this Code section shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all leases of residential property entered into on or after the effective date of this Code section. This Code section became effective April 16, 1990.
GA Code § 44-7-49 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 7 - Landlord and Tenant|Article 3 - Dispossessory Proceedings|§ 44-7-49. Definitions

 As used in this article, the term:    "Application for execution of a writ of possession" means the request or application for a sheriff, constable, or marshal to execute a writ of possession which was issued pursuant to this article.   "Writ of possession" means a writ issued to recover the possession of land or other property and such writ shall not contain restrictions, responsibilities, or conditions upon the landlord in order to be placed in full possession of the land or other property.     (Code 1981, §44-7-49, enacted by Ga. L. 2007, p. 498, § 1/SB 94; Ga. L. 2019, p. 682, § 1/HB 492.)    The 2019 amendment,  effective July 1, 2019, substituted the present provisions of this Code section for the former provisions, which read: "As used in this article, the term 'writ of possession' means a writ issued to recover the possession of land or other property and such writ shall not contain restrictions, responsibilities, or conditions upon the landlord in order to be placed in full possession of the land or other property."   Law reviews.   - For article, "2019 Legislative Review,” see 24 Ga. St. B.J. 28 (June 2019). For comment, "Providing Fair Relief in Georgia Dispossessory Proceedings," see 32 Georgia St. U. L. Rev. 1003 (2016).   JUDICIAL DECISIONS   Challenge to dispossession following foreclosure sale.    - In a dispossessory action by the buyer at a foreclosure sale against the occupant of the foreclosed-upon property, a challenge to the validity of the foreclosure failed because the occupant could not attack dispossession without first setting aside the foreclosure and deed. Even if the occupant's defenses were available in a dispossessory proceeding, the court could not review those defenses because the occupant failed to include a trial transcript in the record. Owens v. Green Tree Servicing LLC, 300 Ga. App. 22, 684 S.E.2d 99 (2009).   Invalidity of foreclosure not defense.    - In a dispossessory action brought by the buyer at a foreclosure sale against the occupant of the property that had been foreclosed upon, the occupant could not assert the alleged invalidity of the foreclosure sale as a defense. Moreover, the occupant failed to include a trial transcript in the record on appeal. Jackman v. Lasalle Bank, N.A., 299 Ga. App. 894, 683 S.E.2d 925 (2009).