reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 44-6-180 — 44-6-189.1) › Section 44-6-184 - Appraisal of heirs property; other method to determine value; notice of value; required hearing

(a)
Except as otherwise provided in subsections (b) and (c) of this Code section, if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d) of this Code section.
(b)
If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
(c)
If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(d)
If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. Upon completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(e)
If an appraisal is conducted pursuant to subsection (d) of this Code section, not later than ten days after the appraisal is filed, the court shall send notice to each party with a known address, stating:
(1)
The appraised fair market value of the property;
(2)
That the appraisal is available at the clerk's office; and
(3)
That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.
(f)
If an appraisal is filed with the court pursuant to subsection (d) of this Code section, the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subsection (e) of this Code section, whether or not an objection to the appraisal is filed under paragraph (3) of subsection (e) of this Code section. In addition to the court ordered appraisal, the court may consider any other evidence of value offered by a party.
(g)
After a hearing under subsection (f) of this Code section, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
Added by 2012 Ga. Laws 585,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 44-6-180 — 44-6-189.1) › Section 44-6-187 - Open market sales; brokers and commissions; sealed bids or public sale

(a)
If the court orders an open-market sale of heirs property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or a public sale would be more economically advantageous and in the best interest of the cotenants as a group.
(b)
If the court orders an open-market sale and the parties, not later than ten days after the entry of the order, agree on a broker to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties cannot agree on a broker, the court shall appoint a disinterested broker to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the fair market value determined by the court under Code Section
44-6-184
or the valuation of the property agreed upon by the cotenants and on the terms and conditions established by the court.
(c)
If the broker appointed under subsection (b) of this Code section obtains within a reasonable time an offer to purchase the property for at least the fair market value determined by the court under Code Section
44-6-184
or the valuation of the property agreed upon by the cotenants:
(1)
The broker shall comply with the reporting requirements in Code Section
44-6-188
; and
(2)
The sale may be completed in accordance with state law other than this subpart.
(d)
If the broker appointed under subsection (b) of this Code section cannot obtain within a reasonable time an offer to purchase the property for at least the fair market value determined by the court under Code Section
44-6-184
or the valuation of the property agreed upon by the cotenants, the court, after hearing, shall:
(1)
Approve the highest outstanding offer, if any;
(2)
Redetermine the value of the property and order that the property continue to be offered for an additional time; or
(3)
Order that the property be sold by sealed bids or at a public sale.
(e)
If the court orders a sale by sealed bids or a public sale, the court shall set terms and conditions of the sale. If the court orders a public sale, the public sale shall be conducted as a public sale in accordance with Code section
44-6-167
.
(f)
If a purchaser is entitled to a share of the proceeds of the sale, the purchaser shall be entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
Added by 2012 Ga. Laws 585,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 44-6-180 — 44-6-189.1) › Section 44-6-188 - Obligation of brokers to court; reporting requirements

(a)
A broker appointed under subsection (b) of Code Section
44-6-187
to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under Code Section
44-6-184
or
44-6-187
.
(b)
The report required by subsection (a) of this Code section shall contain the following information:
(1)
A description of the property to be sold to each buyer;
(2)
The name of each buyer;
(3)
The proposed purchase price;
(4)
The terms and conditions of the proposed sale, including the terms of any owner financing;
(5)
The amounts to be paid to lienholders;
(6)
A statement of contractual or other arrangements or conditions of the broker's commission; and
(7)
Other material facts relevant to the sale.
Added by 2012 Ga. Laws 585,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 44-6-180 — 44-6-189.1) › Section 44-6-189 - Uniformity among states

In applying and construing this subpart, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the "Uniform Partition of Heirs Property Act."
Added by 2012 Ga. Laws 585,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 7 - TENANCY IN COMMON (§§ 44-6-120 — 44-6-189.1) › Part 2 - PARTITION (§§ 44-6-140 — 44-6-189.1) › Subpart 3 - UNIFORM PARTITION OF HEIRS PROPERTY ACT (§§ 44-6-180 — 44-6-189.1) › Section 44-6-189.1 - Construction with federal Electronic Signatures in Global and National Commerce Act

This subpart modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7001
, et seq., but does not modify, limit, or supersede Section 101(c) of that act,
15 U.S.C. Section 7001(c)
, or authorize electronic delivery of any of the notices described in Section 103(b) of that act,
15 U.S.C. Section 7003(b)
.
Added by 2012 Ga. Laws 585,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 8 - JOINT TENANCY WITH SURVIVORSHIP (§ 44-6-190) › Section 44-6-190 - Creating joint tenancy with survivorship; severance; effect of Code section on other laws

(a)
(1)
Deeds and other instruments of title, including any instrument in which one person conveys to himself or herself and one or more other persons, any instrument in which two or more persons convey to themselves or to themselves and another or others, and wills, taking effect after January 1, 1977, may create a joint interest with survivorship in two or more persons.
(2)
Any instrument of title in favor of two or more persons shall be construed to create interests in common without survivorship between or among the owners unless the instrument expressly refers to the takers as "joint tenants," "joint tenants and not as tenants in common," or "joint tenants with survivorship" or as taking "jointly with survivorship."
(3)
Any instrument of title using one of the forms of expression referred to in paragraph (2) of this subsection or language essentially the same as one of these forms of expression shall create a joint tenancy estate or interest that may be severed as to the interest of any owner by the recording of an instrument which results in his or her lifetime transfer of all or a part of his or her interest; provided, however, that, if all persons owning joint tenant interests in a property join in the same recorded lifetime transfer, no severance shall occur.
(4)
Unless the joint tenancy with the right of survivorship is otherwise disposed of in a final order of divorce or annulment, if either party to an instrument of title creating a joint tenancy with the right of survivorship files an affidavit in the real property records maintained by the clerk of superior court of the county in which the real property is located averring that the parties have been lawfully divorced or their marriage has been annulled that the party intends to terminate the joint tenancy, identifies the book and page of recordation of the deed creating the joint tenancy and attaches a copy of the final order of divorce or annulment and a legal description of the property, the party's interests shall be converted into tenants in common.
(b)
Neither this Code section nor Code Section
44-6-120
shall:
(1)
Be construed to repeal, modify, or limit in any way:
(A)
Code Section
14-5-8
; or
(B)
Article 8 of Chapter 1 of Title 7 or any other law relative to multiple-party accounts in financial institutions; or
(2)
Apply to any document, transaction, or right to which Code Section
14-5-8
applies or to multiple-party deposit accounts in any financial institution.
Amended by 2015 Ga. Laws 109,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 44-6-200 — 44-6-206) › Section 44-6-200 - Short title

This article shall be known and may be cited as the "Uniform Statutory Rule Against Perpetuities."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 44-6-200 — 44-6-206) › Section 44-6-201 - Validity of nonvested property interest or power of appointment

(a)
A nonvested property interest is invalid unless:
(1)
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
(2)
The interest either vests or terminates within 360 years after its creation.
(b)
A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(1)
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
(2)
The condition precedent either is satisfied or becomes impossible to satisfy within 360 years after its creation.
(c)
A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(1)
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
(2)
The power is irrevocably exercised or otherwise terminates within 360 years after its creation.
(d)
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.
Amended by 2018 Ga. Laws 366,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 44-6-200 — 44-6-206) › Section 44-6-202 - Time of creation of nonvested property interest or power of appointment

(a)
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.
(b)
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:
(1)
A nonvested property interest; or
(2)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 44-6-200 — 44-6-206) › Section 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:
(1)
A nonvested property interest or a power of appointment becomes invalid under Code Section
44-6-201
;
(2)
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
(3)
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.
Amended by 2018 Ga. Laws 366,§ 2, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 44-6-200 — 44-6-206) › Section 44-6-204 - Exceptions to applicability of article

Code Section
44-6-201
shall not apply to:
(1)
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)
A premarital or postmarital agreement;
(B)
A separation or divorce settlement;
(C)
A spouse's election;
(D)
A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties;
(E)
A contract to make or not to revoke a will or trust;
(F)
A contract to exercise or not to exercise a power of appointment;
(G)
A transfer in satisfaction of a duty of support; or
(H)
A reciprocal transfer;
(2)
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;
(3)
A power to appoint a fiduciary;
(4)
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
;
(5)
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;
(6)
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
(7)
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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 44-6-200 — 44-6-206) › Section 44-6-205 - Applicability of article; court reform of nonvested dispositions created before article became effective

(a)
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.
(b)
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.
Amended by 2018 Ga. Laws 366,§ 3, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 9 - UNIFORM STATUTORY RULE AGAINST PERPETUITIES (§§ 44-6-200 — 44-6-206) › Section 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.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-1 - Creation of landlord and tenant relationship; rights of tenant; construction of lease for less than five years

(a)
The relationship of landlord and tenant is created when the owner of real estate grants to another person, who accepts such grant, the right simply to possess and enjoy the use of such real estate either for a fixed time or at the will of the grantor. In such a case, no estate passes out of the landlord and the tenant has only a usufruct which may not be conveyed except by the landlord's consent and which is not subject to levy and sale.
(b)
All renting or leasing of real estate for a period of time less than five years shall be held to convey only the right to possess and enjoy such real estate, to pass no estate out of the landlord, and to give only the usufruct unless the contrary is agreed upon by the parties to the contract and is so stated in the contract.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-2 - Parol contract creating landlord and tenant relationship; certain provisions prohibited; effect of provision for attorney's fees

(a)
Contracts creating the relationship of landlord and tenant for any time not exceeding one year may be by parol.
(b)
In any contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling place, a landlord or a tenant may not waive, assign, transfer, or otherwise avoid any of the rights, duties, or remedies contained in the following provisions of law:
(1)
Code Section
44-7-13
, relating to the duties of a landlord as to repairs and improvements;
(2)
Code Section
44-7-14
, relating to the liability of a landlord for failure to repair;
(3)
Ordinances adopted pursuant to Code Section
36-61-11
;
(4)
Article 3 of this chapter, relating to proceedings against tenants holding over;
(5)
Article 4 of this chapter, relating to distress warrants;
(6)
Article 2 of this chapter, relating to security deposits; and
(7)
Any applicable provision of Chapter 11 of Title 9 which has not been superseded by this chapter.
(c)
A provision for the payment by the tenant of the attorney's fees of the landlord upon the breach of a rental agreement by the tenant, which provision is contained in a contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling place shall be void unless the provision also provides for the payment by the landlord of the attorney's fees of the tenant upon the breach of the rental agreement by the landlord.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-3 - Disclosure of ownership and agents; effect of failure to comply

(a)
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:
(1)
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
(2)
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.
(b)
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.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-4 - Local ordinances relating to security of premises occupied by tenants; cumulative effect of this Code section

(a)
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.
(b)
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.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 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.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-6 - Tenancy at will - Creation when no time period specified

Where no time is specified for the termination of a tenancy, the law construes it to be a tenancy at will.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-7 - Tenancy at will - Notice required for termination

Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 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.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 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.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-10 - Delivery of possession at end of term; summary remedy

The tenant shall deliver possession to the landlord at the expiration of his term; and, if he fails or refuses to do so, a summary remedy pursuant to Article 3 of this chapter is given to the landlord.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-11 - Specific rights of tenants

The tenant has no rights beyond the use of the land and tenements rented to him and such privileges as are necessary for the enjoyment of his use. He may not cut or destroy growing trees, remove permanent fixtures, or otherwise injure the property. He may use dead or fallen timber for firewood and the pasturage for his cattle.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-12 - Removal of trade fixtures during term; when abandoned

During the term of his tenancy or any continuation thereof or while he is in possession under the landlord, a tenant may remove trade fixtures erected by him. After the term and his possession are ended, any trade fixtures remaining will be regarded as abandoned for the use of the landlord and will become the landlord's property.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-13 - Landlord's duties as to repairs and improvements

(a)
The landlord shall keep the premises in repair and shall be liable for all substantial improvements placed upon the premises by such landlord's consent.
(b)
Any contract, lease, license, or similar agreement, oral or written, for the use or rental of real property as a dwelling place is deemed to include a provision that the premises is fit for human habitation.
Amended by 2024 Ga. Laws 392,§ 2, eff. 7/1/2024, app. to residential lease agreements that are entered into or renewed on or after 7/1/2024.
See 2024 Ga. Laws 392, § 1.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-14 - Tort liability of landlord

Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-14.1 - Landlord's duties as to utilities

(a)
As used in this Code section, the term "utilities" means cooling, heat, light, and water service.
(b)
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.
(c)
Any person who violates subsection (b) of this Code section shall, upon conviction, be assessed a fine not to exceed $500.00.
Amended by 2024 Ga. Laws 392,§ 3, eff. 7/1/2024, app. to residential lease agreements that are entered into or renewed on or after 7/1/2024.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 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.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-16 - Accrual of interest on rent owed

All contracts for rent shall bear interest from the time the rent is due.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 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.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 44-7-18 - Effect of leases for purposes of prostitution or assignation

(a)
As used in this Code section, the term:
(1)
"Assignation" means the making of any appointment or engagement for prostitution or any act in furtherance of such appointment or engagement.
(2)
"Prostitution" means the offering or giving of the body for sexual intercourse, sex perversion, obscenity, or lewdness for hire.
(3)
"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.
(b)
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.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 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.
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 1 - IN GENERAL (§§ 44-7-1 — 44-7-24) › Section 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.
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 2 - SECURITY DEPOSITS (§§ 44-7-30 — 44-7-37) › Section 44-7-30 - Definitions

As used in this article, the term:
(1)
"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.
(2)
"Residential rental agreement" means a contract, lease, or license agreement for the rental or use of real property as a dwelling place.
(3)
"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.
Amended by 2007 Ga. Laws 253,§ 3, 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 2 - SECURITY DEPOSITS (§§ 44-7-30 — 44-7-37) › Section 44-7-30.1

No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months' rent.
Added by 2024 Ga. Laws 392,§ 4, eff. 7/1/2024, app. to residential lease agreements that are entered into or renewed on or after 7/1/2024.
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 2 - SECURITY DEPOSITS (§§ 44-7-30 — 44-7-37) › Section 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.
Amended by 2006 Ga. Laws 669,§ 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 2 - SECURITY DEPOSITS (§§ 44-7-30 — 44-7-37) › Section 44-7-32 - Surety bond in lieu of escrow account; withdrawal of surety; fees; liability of clerk of superior court

(a)
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
.
(b)
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.
(c)
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.
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 2 - SECURITY DEPOSITS (§§ 44-7-30 — 44-7-37) › Section 44-7-34 - Return of security deposit; grounds for retention of part; delivery of statement and sum due to tenant; unclaimed deposit; court determination of disposition of deposit

(a)
Within 30 days after obtaining possession of the premises as provided in subsection (b) of Code Section
44-7-33
, a landlord shall return to the tenant the full security deposit which was deposited with the landlord by the tenant. No security deposit shall be retained to cover ordinary wear and tear which occurred as a result of the use of the premises for the purposes for which the premises were intended, provided that there was no negligence, carelessness, accident, or abuse of the premises by the tenant or members of his or her household or their invitees or guests. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement identifying the exact reasons for the retention thereof, which shall include the comprehensive list of damages prepared as required by Code Section
44-7-33
, if the reason for retention is based on damages to the premises. When such statement is delivered, it shall be accompanied by a payment of the difference between any sum deposited and the amount retained. The landlord shall be deemed to have complied with this Code section by mailing such statement and any payment required to the last known address of the tenant via first-class mail. If the letter containing the payment is returned to the landlord undelivered and if the landlord is unable to locate the tenant after reasonable effort, the payment shall become the property of the landlord 90 days after the date the payment was mailed. Nothing in this Code section shall preclude the landlord from retaining the security deposit for nonpayment of rent or of fees for late payment, for abandonment of the premises, for nonpayment of utility charges, for repair work or cleaning contracted for by the tenant with third parties, for unpaid pet fees, or for actual damages caused by the tenant's breach, provided that the landlord attempts to mitigate the actual damages.
(b)
In any court action in which there is a determination that neither the landlord nor the tenant is entitled to all or a portion of a security deposit under this article, the judge or the jury, as the case may be, shall determine what would be an equitable disposition of the security deposit; and the judge shall order the security deposit paid in accordance with such disposition.
Amended by 2018 Ga. Laws 482,§ 3, eff. 7/1/2018.
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 2 - SECURITY DEPOSITS (§§ 44-7-30 — 44-7-37) › Section 44-7-35 - Remedies for landlord's noncompliance with article

(a)
A landlord shall not be entitled to retain any portion of a security deposit if:
(1)
The security deposit was not deposited in an escrow account in accordance with Code Section
44-7-31
or a surety bond was not posted in accordance with Code Section
44-7-32
;
(2)
The initial damage list required by subsection (a) of Code Section
44-7-33
was not made and presented to the tenant as required by such subsection; and
(3)
The final damage list required by subsection (b) of Code Section
44-7-33
was not compiled and made available to the tenant as required by such subsection.
(b)
The failure of a landlord to provide the lists and written statements within the time periods specified in Code Section
44-7-34
shall work a forfeiture of all the landlord's rights to withhold any portion of the security deposit or to bring an action against the tenant for damages to the premises.
(c)
Any landlord who fails to return any part of a security deposit which is required to be returned to a tenant pursuant to this article shall be liable to the tenant in the amount of three times the sum improperly withheld plus reasonable attorney's fees; provided, however, that the landlord shall be liable only for the sum erroneously withheld if the landlord shows by the preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error which occurred in spite of the existence of procedures reasonably designed to avoid such errors.
Amended by 2018 Ga. Laws 482,§ 3, eff. 7/1/2018.
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 2 - SECURITY DEPOSITS (§§ 44-7-30 — 44-7-37) › Section 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.
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 2 - SECURITY DEPOSITS (§§ 44-7-30 — 44-7-37) › Section 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:
(1)
Thirty days' rent after written notice and proof of the assignment are given to the landlord; and
(2)
The cost of repairing damage to the premises caused by an act or omission of 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 3 - DISPOSSESSORY PROCEEDINGS (§§ 44-7-49 — 44-7-59) › Section 44-7-49 - Definitions

As used in this article, the term:
(1)
"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.
(2)
"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.
Amended by 2019 Ga. Laws 230,§ 1, eff. 7/1/2019.
Amended by 2007 Ga. Laws 253,§ 1, eff. 7/1/2007.