reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 3 - DISPOSSESSORY PROCEEDINGS (§§ 44-7-49 — 44-7-59) › Section 44-7-50 - Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice

(a)
In all cases when a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to such tenant and in all cases when lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of such lands or tenements desires possession of such lands or tenements, such owner may, individually or by an agent, attorney at law, or attorney in fact, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of such owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. Such affidavit may likewise be made before a notary public.
(b)
If issued by a public housing authority, the demand for possession required by subsection (a) or (c) of this Code section may be provided concurrently with the federally required notice of lease termination in a separate writing.
(c)
In all cases when a tenant fails to pay the rent, late fees, utilities, or other charges owed to the landlord when it becomes due, if the tenant refuses to pay the amount due or fails to deliver possession when so demanded after being provided with a notice to vacate or pay all past due rent, late fees, utilities, and other charges owed to the landlord within three business days, the owner or the agent, attorney at law, or attorney in fact of such owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. Such affidavit may likewise be made before a notary public.
(d)
The demand for possession notice under subsection (a) of this Code section or the three-day notice to vacate or pay under subsection (c) of this Code section shall be posted in a sealed envelope conspicuously on the door of the property and delivered via any additional method or methods agreed upon in the rental agreement.
Amended by 2024 Ga. Laws 392,§ 5, eff. 7/1/2024, app. to residential lease agreements that are entered into or renewed on or after 7/1/2024.
Amended by 2018 Ga. Laws 459,§ 8, eff. 5/8/2018.
Amended by 2016 Ga. Laws 325,§ 3, eff. 5/12/2016.
Amended by 2006 Ga. Laws 669,§ 1.1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 3 - DISPOSSESSORY PROCEEDINGS (§§ 44-7-49 — 44-7-59) › Section 44-7-51 - Issuance of summons; service; time for answer; defenses and counterclaims

(a)
When the affidavit provided for in Code Section
44-7-50
is made, the judge of the superior court, the state court, or any other court with jurisdiction over the subject matter or the judge, clerk, or deputy clerk of the magistrate court shall grant and issue a summons to the sheriff or his deputy or to any lawful constable of the county where the land is located. A copy of the summons and a copy of the affidavit shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be had by delivering the summons and the affidavit to any person who is sui juris residing on the premises or, if after reasonable effort no such person is found residing on the premises, by posting a copy of the summons and the affidavit on the door of the premises and, on the same day of such posting, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the affidavit to the defendant at his last known address, if any, and making an entry of this action on the affidavit filed in the case.
(b)
The summons served on the defendant pursuant to subsection (a) of this Code section shall command and require the tenant to answer either orally or in writing within seven days from the date of the actual service unless the seventh day is a Saturday, a Sunday, or a legal holiday, in which case the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense or counterclaim. The landlord need not appear on the date of the tenant's response. The last possible date to answer shall be stated on the summons.
(c)
If service is by posting a copy of the summons and the affidavit on the door of the premises and mailing a copy of the summons and the affidavit to the defendant, as provided in subsection (a) of this Code section, the court shall have jurisdiction to enter a default judgment for possession of the premises in the absence of an answer being filed, but in such instance a default judgment for money owed may not be entered unless the defendant files an answer or otherwise makes an appearance in the case.
Amended by 2006 Ga. Laws 669,§ 1.2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 3 - DISPOSSESSORY PROCEEDINGS (§§ 44-7-49 — 44-7-59) › Section 44-7-52 - When tender of payment by tenant serves as complete defense

(a)
Except as provided in subsection (c) of this Code section, in an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summons pursuant to Code Section
44-7-51
, all rents allegedly owed plus the cost of the dispossessory warrant. Such a tender shall be a complete defense to the action; provided, however, that a landlord is required to accept such a tender from any individual tenant after the issuance of a dispossessory summons only once in any 12 month period.
(b)
If the court finds that the tenant is entitled to prevail on the defense provided in subsection (a) of this Code section and the landlord refused the tender as provided under subsection (a) of this Code section, the court shall issue an order requiring the tenant to pay to the landlord all rents which are owed by the tenant and the costs of the dispossessory warrant within three days of said order. Upon failure of the tenant to pay such sum, a writ of possession shall issue. Such payment shall not count as a tender pursuant to subsection (a) of this Code section.
(c)
For a tenant who is not a tenant under a residential rental agreement as defined in Code Section
44-7-30
, tender and acceptance of less than all rents allegedly owed plus the cost of the dispossessory warrant shall not be a bar nor a defense to an action brought under Code Section
44-7-50
but shall, upon proof of same, be considered by the trial court when awarding damages.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 3 - DISPOSSESSORY PROCEEDINGS (§§ 44-7-49 — 44-7-59) › Section 44-7-53 - When writ of possession issued; trial of issues; possession pending trial

(a)
If the tenant fails to answer as provided in subsection (b) of Code Section
44-7-51
, the court shall issue a writ of possession instanter notwithstanding Code Section
9-11-55
or Code Section
9-11-62
. The court, without the intervention of a jury, shall not require any further evidence nor hold any hearings and the plaintiff shall be entitled to a verdict and judgment by default for all rents due as if every item and paragraph of the affidavit provided for in Code Section
44-7-50
were supported by proper evidence.
(b)
If the tenant answers, a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, that, at the time of his answer, the tenant must pay rent into the registry of the court pursuant to Code Section
44-7-54
.
Amended by 2007 Ga. Laws 253,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 3 - DISPOSSESSORY PROCEEDINGS (§§ 44-7-49 — 44-7-59) › Section 44-7-56 - Appeal; procedure; possession and payment of rent pending appeal

(a)
Any judgment by the trial court shall be appealable pursuant to Chapters 3, 6, and 7 of Title 5.
(b)
An appeal made pursuant to subsection (a) of this Code section shall proceed as follows:
(1)
A copy of the petition for review filed in the reviewing superior or state court or the notice of appeal shall be filed with the clerk of the trial court within seven days after the date the judgment was entered in the trial court;
(2)
The clerk shall immediately notify the trial judge of the petition for review or notice of appeal, and the trial judge may, within 15 days after the same is filed in the trial court, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case;
(3)
Except as provided in paragraph (5) of this subsection, if the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall notify the trial court of his or her appeal and pay into the registry of the reviewing superior or state court all sums found by the trial court to be due for rent in order to remain in possession of the premises;
(4)
Except as provided in paragraph (5) of this subsection, the tenant shall pay all future rent as it becomes due into the registry of the reviewing superior or state court pursuant to paragraph (1) of subsection (a) of Code Section
44-7-54
until the issue has been finally determined on appeal; and
(5)
For appeals to the Court of Appeals or Supreme Court, the tenant shall pay all sums found by the trial court to be due for rent or future rent into the registry of the trial court that rendered the judgment appealed.
Amended by 2024 Ga. Laws 424,§ 10, eff. 4/22/2024.
Amended by 2022 Ga. Laws 875,§ 2-35, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
Amended by 2006 Ga. Laws 669,§ 1.3, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 3 - DISPOSSESSORY PROCEEDINGS (§§ 44-7-49 — 44-7-59) › Section 44-7-57 - Application of article to croppers and servants

This article shall apply to croppers and servants who continue to hold possession of lands and tenements after their employment as croppers or servants has terminated and in the same manner as it relates to tenants.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 3 - DISPOSSESSORY PROCEEDINGS (§§ 44-7-49 — 44-7-59) › Section 44-7-58 - False statements in affidavit or answer; penalty

Anyone who, under oath or affirmation, knowingly and willingly makes a false statement in an affidavit signed pursuant to Code Section
44-7-50
or in an answer filed pursuant to Code Section
44-7-51
shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 3 - DISPOSSESSORY PROCEEDINGS (§§ 44-7-49 — 44-7-59) › Section 44-7-59 - Removal of transportable housing from lands subject to writ of possession

If the court issues a writ of possession to property upon which the tenant has placed a manufactured home, mobile home, trailer, or other type of transportable housing and the tenant does not move the same within ten days after a final order is entered, the landlord shall be entitled to have such transportable housing moved from the property at the expense of the tenant by a motor common carrier licensed by the Department of Public Safety for the transportation of manufactured housing. There shall be a lien upon such transportable housing to the extent of moving fees and storage expenses in favor of the person performing such services. Such lien may be claimed and foreclosed in the same manner as special liens on personalty by mechanics under Code Sections
44-14-363
and
44-14-550
, except that storage fees not to exceed $4.00 per day shall be expressly allowed.
Amended by 2012 Ga. Laws 632,§ II-13, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 4 - DISTRESS WARRANTS (§§ 44-7-70 — 44-7-82) › Section 44-7-70 - Power of landlord to distrain for rent

The landlord shall have power to distrain for rent as soon as the same is due if the tenant is seeking to remove his property from the premises.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 4 - DISTRESS WARRANTS (§§ 44-7-70 — 44-7-82) › Section 44-7-71 - Application for distress warrant

When rent is due or the tenant is seeking to remove his property, the landlord, his agent, his attorney in fact, or his attorney at law may, upon a statement of the facts under oath, apply for a distress warrant before the judge of the superior court, the state court, the civil court, or the magistrate court within the county where the tenant may reside or where his property may be found.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 4 - DISTRESS WARRANTS (§§ 44-7-70 — 44-7-82) › Section 44-7-72 - Issuance of summons; service on defendant; time for hearing

When the affidavit provided for in Code Section
44-7-71
is made, the judge of the superior court, the state court, the civil court, or the magistrate court before whom it was made shall grant and issue a summons to the marshal or the sheriff or his deputy of the county where the tenant resides or where his property may be found. A copy of the summons and the affidavit shall be personally served upon the defendant. If an officer is unable to serve the defendant personally, service may be given by delivering the summons and affidavit to any person who is sui juris residing on the premises. The summons served on the defendant pursuant to this Code section shall command and require the tenant to appear at a hearing on a day certain not less than five nor more than seven days from the date of actual service.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 4 - DISTRESS WARRANTS (§§ 44-7-70 — 44-7-82) › Section 44-7-73 - When tender of payment by tenant serves as complete defense

In an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summons pursuant to Code Section
44-7-72
, all rents allegedly owed plus the cost of the distress warrant. Such a tender shall be a complete defense to the action.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 4 - DISTRESS WARRANTS (§§ 44-7-70 — 44-7-82) › Section 44-7-74 - Answer; grant of distress warrant on failure to answer; trial; possession pending final outcome

(a)
At or before the time of the hearing, the defendant may answer in writing. The defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed upon the affidavit. The answer may contain any legal or equitable defense or counterclaim.
(b)
If the tenant fails to answer, the court shall grant a distress warrant; and the plaintiff shall be entitled to a verdict and judgment by default for all rents due as if every item and paragraph of the affidavit provided for in Code Section
44-7-71
were supported by proper evidence, which verdict shall be in open court or chambers and without the intervention of a jury.
(c)
If the tenant answers, a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. Every effort shall be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises and his property pending the final outcome of the litigation, provided that he complies with Code Section
44-7-75
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 4 - DISTRESS WARRANTS (§§ 44-7-70 — 44-7-82) › Section 44-7-76 - Bond; determination of amount; effect of approval on alienability of property

In all cases where the tenant may desire to transfer, remove, or convey any of his property after the service of summons, the tenant shall post bond with good security for a sum equal to the value of the property or the amount of the rent alleged to be due, whichever is less, to be estimated by the judge, for the delivery of the property at the time and place of sale if the property shall be found subject to such rent. Upon the approval of the bond by the judge, the tenant may convey, transfer, or remove his property without restriction.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 4 - DISTRESS WARRANTS (§§ 44-7-70 — 44-7-82) › Section 44-7-77 - Judgment and satisfaction; landlord's liability; distribution of funds; return of property

(a)
If, on the trial of the case, the judgment is against the tenant, the judgment shall be entered against the tenant for all rent due and for any other claim relating to the dispute and the distress warrant shall be granted.
(b)
If the judgment is for the tenant, he shall be entitled to remain in the premises and in possession of his property and the landlord shall be liable for all foreseeable damages shown to have been caused by his wrongful conduct. Any funds remaining in the registry of the court shall be distributed to the parties in accordance with the judgment of the court. If the tenant has been deprived of the possession of his property pendente lite pursuant to subsection (e) of Code Section
44-7-75
, the court shall order that the property be returned immediately to the tenant.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 4 - DISTRESS WARRANTS (§§ 44-7-70 — 44-7-82) › Section 44-7-78 - Appeal; possession pending appeal

Any judgment by the trial court shall be appealable to the appellate court pursuant to Chapters 2, 3, 6, and 7 of Title 5. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the tenant shall remain in the premises and in possession of his property; provided, however, that the tenant shall comply with all provisions of Code Section
44-7-75
or
44-7-76
until the issue has been finally determined on appeal.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 4 - DISTRESS WARRANTS (§§ 44-7-70 — 44-7-82) › Section 44-7-79 - Execution and levy of distress warrant; sale

Whenever a distress warrant is granted pursuant to this article, the distress warrant may be levied by the marshal, the sheriff, or the deputy on any property belonging to said tenant whether found on the premises or elsewhere; and the marshal, the sheriff, or the deputy shall advertise and sell the property in the same manner as in the case of levy and sale under execution.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 4 - DISTRESS WARRANTS (§§ 44-7-70 — 44-7-82) › Section 44-7-80 - Time for attachment of landlord's lien; priorities

The landlord's lien for his rent shall attach from the time that the affidavit is made pursuant to Code Section
44-7-71
; but it shall take precedence over no lien of older date except as to the crop raised on the premises.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 4 - DISTRESS WARRANTS (§§ 44-7-70 — 44-7-82) › Section 44-7-81 - Claims by third persons; oath and bond; method of trial

A third person may make a claim to the distrained property by giving the oath and the bond as is required in cases of other claims. Such a claim shall be returned and tried as is provided by law for the trial of the right of property levied upon by execution.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 4 - DISTRESS WARRANTS (§§ 44-7-70 — 44-7-82) › Section 44-7-82 - Application of article to tenant's mobile home

(a)
As used in this Code section, the term "mobile home" means a movable or portable dwelling over 32 feet in length and over eight feet wide which is constructed to be towed on its own chassis and to be connected to utilities and is designed without a permanent foundation for year-round occupancy. A mobile home may consist of one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or may consist of two or more units separately towable but designed to be joined into one integral unit.
(b)
A tenant's mobile home, as defined in subsection (a) of this Code section, shall be considered "property," as that term is used in this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 5 - CROPPERS (§§ 44-7-100 — 44-7-103) › Section 44-7-100 - Nature of relationship between owner and cropper

Where a person is employed to work for part of the crop, the relationship of landlord and tenant does not arise. The title to the crop, subject to the interest of the cropper therein, and the possession of the land remain in the owner of the land.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 5 - CROPPERS (§§ 44-7-100 — 44-7-103) › Section 44-7-101 - Title to crops

Whenever the relationship of landlord and cropper exists, the title to and right to control and possess the crops grown and raised upon the lands of the landlord by the cropper shall be vested in the landlord until the landlord has received his part of the crops so raised and has been fully paid for all advances made to the cropper in the year the crops were raised for the purpose of raising the crops.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 5 - CROPPERS (§§ 44-7-100 — 44-7-103) › Section 44-7-102 - Recovery of crops sold or disposed of without landlord's consent

In all cases where a cropper unlawfully sells or otherwise disposes of any part of a crop or where the cropper seeks to take possession of such crops or to exclude the landlord from the possession thereof while the title thereto remains in the landlord, the landlord shall have the right to repossess the crops by any process of law by which the owner of the property can recover it under the laws of this state.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 5 - CROPPERS (§§ 44-7-100 — 44-7-103) › Section 44-7-103 - Illegal sale by cropper; refusal of landlord to deliver cropper's share; penalties

(a)
Any cropper who sells or otherwise disposes of any part of the crop grown by him without the consent of the landlord before the landlord has received his part of the crop and payment in full for all advances made to the cropper in the year the crop was raised for the purpose of raising such crop shall be guilty of a misdemeanor.
(b)
Any landlord who fails or refuses, on demand, to deliver to the cropper the part of the crop or its value to which the cropper is entitled after payment for all advances made to him as provided in subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 6 - ABANDONED MOBILE HOME ACT (§§ 44-7-110 — 44-7-119) › Section 44-7-110 - Short title

This article shall be known and may be cited as the "Abandoned Mobile Home Act."
Added by 2018 Ga. Laws 428,§ 1, eff. 5/1/2019.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 6 - ABANDONED MOBILE HOME ACT (§§ 44-7-110 — 44-7-119) › Section 44-7-111 - Legislative findings and intent

The General Assembly finds that abandoned mobile homes are a nuisance that cause blight and depress property values. This article is intended to provide local governing authorities with the authority to appoint an agent to determine the condition of mobile homes in order for landowners to remove or restore abandoned mobile homes left on their property. It is the further purpose of this article to provide landowners with the guidance necessary to efficiently and properly identify and dispose of abandoned mobile homes in this state while protecting the rights of any owner, lienholder, or other interested parties by performing a due diligence search, notification, and hearing process.
Added by 2018 Ga. Laws 428,§ 1, eff. 5/1/2019.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 6 - ABANDONED MOBILE HOME ACT (§§ 44-7-110 — 44-7-119) › Section 44-7-112 - Definitions

As used in this article, the term:
(1)
"Abandoned mobile home" means a mobile home that has been left vacant by all tenants for at least 90 days without notice to the landowner and when there is evidence of one or more of the following:
(A)
A tenant's failure to pay rent or fees for 90 days;
(B)
Removal of most or all personal belongings from such mobile home;
(C)
Cancellation of insurance for such mobile home;
(D)
Termination of utility services to such mobile home; or
(E)
A risk to public health, safety, welfare, or the environment due to such mobile home.
(2)
"Derelict" means an abandoned mobile home which is in need of extensive repair and is uninhabitable and unsafe due to the presence of one or more of the following conditions:
(A)
Inadequate provisions for ventilation, light, air, or sanitation; or
(B)
Damage caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe.
(3)
"Dispose" means to destroy, recycle, or repurpose for use not as living quarters.
(4)
"Intact" means an abandoned mobile home which is in livable condition under applicable state law and the building and health codes of a local governing authority.
(5)
"Landowner" means the owner of real property upon which a mobile home is located.
(6)
"Local government agent" means a person appointed by a local governing authority who is qualified to inspect an abandoned mobile home by demonstrating that he or she is qualified to determine if the abandoned mobile home is derelict or intact.
(7)
"Manufactured home" shall have the same meaning as set forth in Code Section
8-2-160
.
(8)
"Mobile home" shall have the same meaning as set forth in Code Section
8-2-160
and shall include a manufactured home.
(9)
"Responsible party" means any person with an ownership interest in an abandoned mobile home as evidenced by the last payor of record as identified by a search of deeds or instruments of title, and shall include any holder of a recorded lien or the holder of any type of secured interest in such abandoned mobile home or a local government with a claim for unpaid taxes.
Added by 2018 Ga. Laws 428,§ 1, eff. 5/1/2019.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 6 - ABANDONED MOBILE HOME ACT (§§ 44-7-110 — 44-7-119) › Section 44-7-114 - Hearing on findings of derelict mobile homes

(a)
Within the 90 day period described in Code Section
44-7-113
, a responsible party, or after the expiration of such 90 day period, a landowner shall petition a magistrate court to hold a hearing to confirm or deny the decision of a local government agent that an abandoned mobile home is derelict. If a petition is filed pursuant to this Code section, a hearing on such issue shall be held within ten days of the filing of such petition.
(b)
The court shall hear evidence of the condition of the abandoned mobile home, which may include introduction of a copy of the determination from the local government agent, and whether the notice provisions set forth have been met.
(c)
If, after a full hearing, the court determines the abandoned mobile home to be derelict, the court shall issue an order finding such mobile home to be derelict and authorizing the landowner to dispose of such derelict mobile home. A landowner issued such order shall dispose of such derelict mobile home within 180 days of the date of such order. Within 30 days of disposal of a derelict mobile home, the landowner shall notify the Department of Revenue and local tag agent of such disposal and such department shall cancel the certificate of title for such derelict mobile home, if such certificate exists.
Added by 2018 Ga. Laws 428,§ 1, eff. 5/1/2019.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 6 - ABANDONED MOBILE HOME ACT (§§ 44-7-110 — 44-7-119) › Section 44-7-116 - "Public sale" defined; procedure; penalty for noncompliance

(a)
(1)
As used in this subsection, the term "public sale" means a sale:
(A)
Held at a place reasonably available to persons who might desire to attend and submit bids;
(B)
At which those attending shall be given the opportunity to bid on a competitive basis;
(C)
At which the sale, if made, shall be made to the highest and best bidder; and
(D)
Except as otherwise provided in Title 11 for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 10:00 A.M. and 4:00 P.M., and the place of sale and shall briefly identify the goods to be sold.
(2)
Upon order of the magistrate court, the person holding the lien on the abandoned mobile home shall be authorized to sell such mobile home at public sale.
(b)
After satisfaction of the lien, the person selling such mobile home shall, not later than 30 days after the date of such sale, provide the clerk of the court with a copy of the bill of sale as provided to the purchaser and remit the remaining proceeds of such sale, if any, to the clerk of the court. Any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor.
Added by 2018 Ga. Laws 428,§ 1, eff. 5/1/2019.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 6 - ABANDONED MOBILE HOME ACT (§§ 44-7-110 — 44-7-119) › Section 44-7-117 - Clerk's role in management of proceeds

The clerk of the magistrate court shall retain the remaining balance of the proceeds of a sale under Code Section
44-7-116
, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned mobile home or any interested party, then the clerk shall pay such remaining balance into the general fund of the municipality or county that employs the local government agent that made the determination that such mobile home was intact pursuant to Code Section
44-7-113
.
Added by 2018 Ga. Laws 428,§ 1, eff. 5/1/2019.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 6 - ABANDONED MOBILE HOME ACT (§§ 44-7-110 — 44-7-119) › Section 44-7-118 - Documentation for purchaser

The purchaser at a sale as authorized by this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such mobile home by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Revenue. The Department of Revenue shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances.
Added by 2018 Ga. Laws 428,§ 1, eff. 5/1/2019.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 7 - LANDLORD AND TENANT (§§ 44-7-1 — 44-7-119) › Article 6 - ABANDONED MOBILE HOME ACT (§§ 44-7-110 — 44-7-119) › Section 44-7-119 - Appointment of local government agent not required

Nothing in this article shall be construed to require a local governing authority to appoint a local government agent.
Added by 2018 Ga. Laws 428,§ 1, eff. 5/1/2019.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 8 - WATER RIGHTS (§§ 44-8-1 — 44-8-10) › Section 44-8-1 - Ownership of running water; right to divert or adulterate water

Running water belongs to the owner of the land on which it runs; but the landowner has no right to divert the water from its usual channel nor may he so use or adulterate it as to interfere with the enjoyment of it by the next owner.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 8 - WATER RIGHTS (§§ 44-8-1 — 44-8-10) › Section 44-8-2 - Rights of adjoining owners in nonnavigable streams; principles when stream is boundary; accretions

The beds of nonnavigable streams belong to the owner of the adjacent land. If the stream is a dividing line between two parcels of land, each owner's boundary shall extend to the thread or the center of the main current of the water. If the current changes gradually, the boundary line follows the current. If from any cause the stream takes a new channel, the original line, if identifiable, remains the boundary. Gradual accretions of land on either side accrue to the owner of that side.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 8 - WATER RIGHTS (§§ 44-8-1 — 44-8-10) › Section 44-8-3 - Exclusive possession by owner of nonnavigable streams; interference by legislature with lawful use

The owner of a nonnavigable stream is entitled to the same exclusive possession of the stream as he has of any other part of his land. The legislature has no power to compel or interfere with the owner's lawful use of the stream, for the benefit of those above or below him on the stream, except to restrain nuisances.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 8 - WATER RIGHTS (§§ 44-8-1 — 44-8-10) › Section 44-8-4 - Construction of dams, canals, and appurtenant works on nonnavigable streams; liability for resultant damages

It shall be lawful for all corporations and individuals owning or controlling lands on both sides of any nonnavigable stream to construct and maintain a dam or dams, together with canals and appurtenances thereof, across the stream for the development of water power and for other purposes; provided, however, this Code section shall not be construed to release individuals or corporations constructing such dam or dams and appurtenant works from liability to private property owners for damages resulting from the construction and operation thereof either by overflow or otherwise.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 8 - WATER RIGHTS (§§ 44-8-1 — 44-8-10) › Section 44-8-5 - Rights of adjoining landowners in navigable streams

(a)
As used in this chapter, the term "navigable stream" means a stream which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. The mere rafting of timber or the transporting of wood in small boats shall not make a stream navigable.
(b)
The rights of the owner of lands which are adjacent to navigable streams extend to the low-water mark in the bed of the stream.
(c)
(1)
The General Assembly finds that the state procured ownership of all navigable stream beds within its jurisdiction upon statehood and continues to hold title to all such stream beds, except where title in a private party originates from a valid Crown or state grant before 1863. The General Assembly further finds that, by the common law, the citizens of this state have an inherent right to use for passage and for hunting and fishing all navigable streams from low-water mark to low-water mark. The General Assembly further finds that the public retained the aforementioned right even where private title to beds of navigable streams originates from a valid grant, but in such cases, the public's right is limited to only using such navigable streams for passage and for hunting and fishing.
(2)
Nothing contained in this subsection shall be construed to permit entry upon privately owned land adjacent to navigable streams.
Amended by 2024 Ga. Laws 597,§ 1, eff. 7/1/2024.
Amended by 2023 Ga. Laws 92,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 8 - WATER RIGHTS (§§ 44-8-1 — 44-8-10) › Section 44-8-6 - Nonnavigable tidewaters; title; rights of adjoining landowners; principles when tidewaters are boundaries; accretions

The title to the beds of all nonnavigable tidewaters where the tide regularly ebbs and flows shall vest in the owner of the adjacent land for all purposes, including, among others, the exclusive right to the oysters, clams, and other shellfish therein or thereon. If the water is the dividing line between two parcels of land, each owner's boundary shall extend to the main thread or channel of the water. If the main thread or channel of the water changes gradually, the boundary line shall follow the same according to the change. If for any cause the water takes a new channel, the original line, if identifiable, remains the boundary. Gradual accretions of land on either side accrue to the owner of that side.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 8 - WATER RIGHTS (§§ 44-8-1 — 44-8-10) › Section 44-8-7 - Rights of owners of land adjacent to or covered by navigable tidewaters

(a)
A navigable tidewater is any tidewater, the sea or any inlet thereof, or any other bed of water where the tide regularly ebbs and flows which is in fact used for the purposes of navigation or is capable of transporting at mean low tide boats loaded with freight in the regular course of trade. The mere rafting of timber thereon or the passage of small boats thereover, whether for the transportation of persons or freight, shall not be deemed navigation within the meaning of this Code section and shall not make tidewaters navigable.
(b)
For all purposes, including, among others, the exclusive right to the oysters and clams but not other fish therein or thereon, the boundaries and rights of the owners of land adjacent to or covered in whole or in part by navigable tidewaters shall extend to the low-water mark in the bed of the water.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 8 - WATER RIGHTS (§§ 44-8-1 — 44-8-10) › Section 44-8-8 - Exclusive appropriation of tidewaters

Nothing in Code Sections
44-8-6
and
44-8-7
shall be so construed as to authorize such an exclusive appropriation of any tidewater, navigable or nonnavigable, by any person as will prevent the free use of the same by other persons for the purposes of passage and for the transportation of such freights as may be capable of being carried thereon.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 8 - WATER RIGHTS (§§ 44-8-1 — 44-8-10) › Section 44-8-9 - Construction of levees and ditches; diversion of watercourses

All persons owning lands on any watercourses are authorized to ditch and embank their lands in order to protect the lands from freshets and overflows in the watercourses, provided that the ditching and embanking does not divert the watercourse from its ordinary channel; but nothing in this Code section shall be so construed as to prevent the owners of lands from diverting nonnavigable watercourses through their own lands.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 8 - WATER RIGHTS (§§ 44-8-1 — 44-8-10) › Section 44-8-10 - Construction or establishment of private bridge or ferry; grant of franchise to construct or operate public bridge or ferry; compensation to landowner for interference with possession; exclusive franchises

The right to construct a bridge or to establish a ferry for private use across a watercourse within or adjoining one's lands is appurtenant to the ownership of the land; but the right to establish and operate a public bridge or ferry is a franchise to be granted by the state. Where the grant of such a franchise interferes with an owner's right of exclusive possession, just compensation must first be paid to the landowner. No such franchise granted by this state shall be held to be exclusive unless it is plainly and expressly declared to be exclusive in the grant; except, however, that any municipality of this state having a population of more than 200,000 according to the United States decennial census of 1930 or any future such census is authorized to grant an exclusive franchise pertaining to streets or sidewalks for a period of three years, but not subject to renewal, to any person, firm, or corporation under this authority to grant such a franchise whether or not it is plainly or expressly stated in the charter of the municipality.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 1 - IN GENERAL (§§ 44-9-1 — 44-9-7) › Section 44-9-1 - Methods of acquiring private ways

The right of private way over another's land may arise from an express grant, from prescription by seven years' uninterrupted use through improved lands or by 20 years' use through wild lands, by implication of law when the right is necessary to the enjoyment of lands granted by the same owner, or by compulsory purchase and sale through the superior court in the manner prescribed by Article 3 of this chapter.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 1 - IN GENERAL (§§ 44-9-1 — 44-9-7) › Section 44-9-2 - Acquisition of easement of light and air

A right to an easement of light and air passing over another's land through existing lights or windows may not be acquired by prescription; but, when a person sells a house and the light necessary for the reasonable enjoyment thereof is derived from and across adjoining land belonging to such person, the easement of light and air over such vacant lot shall pass as an incident to the house sold as being necessary to the enjoyment thereof.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 1 - IN GENERAL (§§ 44-9-1 — 44-9-7) › Section 44-9-3 - Right of lateral support from adjoining land; right to make excavations up to boundary line; notice to adjoining landowner; standard of care

(a)
Owners of adjoining lands owe to each other the lateral support of the soil of each to that of the other in its natural state. If they derive title from a common grantor, the lateral support shall include the weight of walls and other burdens that may be on it. If, at the time of the sale by such common grantor, there are buildings adjoining each other, the right shall extend to the lateral support which each adjacent wall gives to the other.
(b)
On giving reasonable notice of his intention to the adjoining landowner, the owner of land has the right to make proper and needful excavations up to the boundary line for purposes of construction, provided that he uses ordinary care and takes reasonable precautions to sustain the land of the other.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 1 - IN GENERAL (§§ 44-9-1 — 44-9-7) › Section 44-9-4 - Parol license; when revocable; when easement running with land

A parol license to use another's land is revocable at any time if its revocation does no harm to the person to whom it has been granted. A parol license is not revocable when the licensee has acted pursuant thereto and in so doing has incurred expense; in such case, it becomes an easement running with the land.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 1 - IN GENERAL (§§ 44-9-1 — 44-9-7) › Section 44-9-5 - Cessation of easement of necessity upon purchase of land providing access to highway

Where a way of necessity is appurtenant to land and the owner thereof purchases other land which provides him access to a highway over his own land, the way of necessity ceases.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 1 - IN GENERAL (§§ 44-9-1 — 44-9-7) › Section 44-9-6 - Loss of easement by abandonment or nonuse

An easement may be lost by abandonment or forfeited by nonuse if the abandonment or nonuse continues for a term sufficient to raise the presumption of release or abandonment.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 1 - IN GENERAL (§§ 44-9-1 — 44-9-7) › Section 44-9-7 - Effect of sale of property for taxes or assessments on easements or rights of way

No sale of real property under a fi. fa. for taxes or under a fi. fa. for any assessment for improvements shall extinguish or affect any easement or right of way in, over, under, or across said real property, which easement or right of way was created by an operation of law or by an express grant; provided, however, that an easement or right of way created by an express grant must be recorded prior to the recording of the fi. fa. for taxes or assessment for improvements under which the real property subject to the easement or right of way was sold.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 2 - SOLAR EASEMENTS (§§ 44-9-20 — 44-9-23) › Section 44-9-20 - Short title

This article shall be known and may be cited as the "Solar Easement Act of 1978."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 9 - EASEMENTS (§§ 44-9-1 — 44-9-92) › Article 2 - SOLAR EASEMENTS (§§ 44-9-20 — 44-9-23) › Section 44-9-21 - Legislative findings and declaration of policy

The General Assembly finds that the use of solar energy in this state can help reduce the nation's reliance upon imported fuels and that solar energy development should, therefore, be encouraged. The General Assembly further finds that, as the use of solar energy devices increases, the possibility of future shading of such devices by buildings or vegetation will also increase. Therefore, the General Assembly declares that solar easements may be established to allow the owner of a solar energy device to negotiate for assurance of continued access to sunlight.