Georgia Landlord Tenant Law - Click here to return to US Landlord

44-7-1 G
*** CODE SECTION *** 10/14/96

44-7-1.

(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.


44-7-2.

(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been superseded by this chapter.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.


44-7-3.

(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.



44-7-4.

(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.


44-7-5.

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.


44-7-6.

Where no time is specified for the termination of a tenancy, the law
construes it to be a tenancy at will.


44-7-7.

Sixty days' notice from the landlord or 30 days' notice from the
tenant is necessary to terminate a tenancy at will.


44-7-8.

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.


44-7-9.

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.


44-7-10.

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.


44-7-11.

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.


44-7-12.

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.



44-7-13.

The landlord must keep the premises in repair. He shall be liable for
all substantial improvements placed upon the premises by his consent.



44-7-14.

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.


44-7-14.1.

(a) As used in this Code section, the term "utilities" means 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.



44-7-15.

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.


44-7-16.

All contracts for rent shall bear interest from the time the rent is
due.


44-7-17.

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.

44-7-18.

(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.


44-7-19.

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.


44-7-20.

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.


44-7-30.

As used in this article, the term:

(1) "Residential rental agreement" means a contract, lease, or
license agreement for the rental or use of real property as a
dwelling place.

(2) "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. The
term "security deposit" does not include earnest money or pet fees
which are not to be returned to the tenant under the terms of the
residential rental agreement.


44-7-31.

Except as provided in Code Section 44-7-32, whenever a security
deposit is held by a landlord or his 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 his agent except as provided in Code Section
44-7-34. Tenants shall be informed in writing of the location and
account number of the escrow account required by this Code section.


44-7-32.

(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 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.


44-7-33.

(a) Prior to tendering a security deposit, the tenant shall be
presented with a comprehensive list of any existing damage to the
premises, which list shall be for the tenant's permanent retention.
The tenant shall have the right to inspect the premises to ascertain
the accuracy of the list prior to taking occupancy. The landlord and
the tenant shall sign the list and this shall be conclusive evidence
of the accuracy of the list but shall not be conclusive as to latent
defects. If the tenant refuses to sign the list, the tenant shall
state specifically in writing the items on the list to which he
dissents and shall sign such statement of dissent.

(b) Within three business days after the date of the termination of
occupancy, the landlord or his agent shall inspect the premises and
compile a comprehensive list of any damage done to the premises which
is the basis for any charge against the security deposit and the
estimated dollar value of such damage. The tenant shall have the right
to inspect the premises within five business days after the
termination of the occupancy in order to ascertain the accuracy of the
list. The landlord and the tenant shall sign the list, and this shall
be conclusive evidence of the accuracy of the list. If the tenant
refuses to sign the list, he shall state specifically in writing the
items on the list to which he dissents and shall sign such statement
of dissent. If the tenant terminates occupancy without notifying the
landlord, the landlord may make a final inspection within a reasonable
time after discovering the termination of occupancy.

(c) A tenant who disputes the accuracy of the final damage list given
pursuant to subsection (b) of this Code section may bring an action in
any court of competent jurisdiction in this state to recover the
portion of the security deposit which the tenant believes to be
wrongfully withheld for damages to the premises. The tenant's claims
shall be limited to those items to which the tenant specifically
dissented in accordance with this Code section. If the tenant fails to
sign a list or to dissent specifically in accordance with this Code
section, the tenant shall not be entitled to recover the security
deposit or any other damages under Code Section 44-7-35, provided that
the lists required under this Code section contain written notice of
the tenant's duty to sign or to dissent to the list.


44-7-34.

(a) Except as otherwise provided in this article, within one month
after the termination of the residential lease or the surrender and
acceptance of the premises, whichever occurs last, 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 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 listing the exact reasons
for the retention thereof. If the reason for retention is based on
damages to the premises, such damages shall be listed as provided in
Code Section 44-7-33. When the 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 the 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 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.



44-7-35.

(a) A landlord shall not be entitled to retain any portion of a
security deposit if 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 and if the
initial and final damage lists required by Code Section 44-7-33 are
not made and provided to the tenant.

(b) The failure of a landlord to provide each of the written
statements within the time periods specified in Code Sections 44-7-33
and 44-7-34 shall work a forfeiture of all his 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.


44-7-36.

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.


44-7-37.

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.


44-7-50.

(a) In all cases where a tenant holds possession of lands or tenements
over and beyond the term for which they were rented or leased to the
tenant or fails to pay the rent when it becomes due and in all cases
where 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 the lands or tenements desires possession of the lands or
tenements, the owner may, individually or by an agent, attorney in
fact, or attorney at law, 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 the owner may 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. The affidavit may likewise be made before a
notary public, subject to the same requirements for judicial approval
specified in Code Section 18-4-61, relating to garnishment affidavits.

(b) If issued by a public housing authority, the demand for possession
required by subsection (a) of this Code section may be provided
concurrently with the federally required notice of lease termination
in a separate writing.


44-7-51.

(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.


44-7-52.

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.


44-7-53.

(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; and the plaintiff shall be entitled to a verdict and judgment
by default for all rents due, in open court or in chambers, as if
every item and paragraph of the affidavit provided for in Code Section
44-7-50 were supported by proper evidence, without the intervention of
a jury.

(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.


44-7-54.

(a) In any case where the issue of the right of possession cannot be
finally determined within two weeks from the date of service of the
copy of the summons and the copy of the affidavit, the tenant shall be
required to pay into the registry of the trial court:

(1) All rent and utility payments which are the responsibility of
the tenant payable to the landlord under terms of the lease which
become due after the issuance of the dispossessory warrant, said
rent and utility payments to be paid as such become due. If the
landlord and the tenant disagree as to the amount of rent, either or
both of them may submit to the court any written rental contract for
the purpose of establishing the amount of rent to be paid into the
registry of the court. If the amount of rent is in controversy and
no written rental agreement exists between the tenant and landlord,
the court shall require the amount of rent to be a sum equal to the
last previous rental payment made by the tenant and accepted by the
landlord without written objection; and

(2) All rent and utility payments which are the responsibility of
the tenant payable to the landlord under terms of the lease
allegedly owed prior to the issuance of the dispossessory warrant;
provided, however, that, in lieu of such payment, the tenant shall
be allowed to submit to the court a receipt indicating that payment
has been made to the landlord. In the event that the amount of rent
is in controversy, the court shall determine the amount of rent to
be paid into court in the same manner as provided in paragraph (1)
of this subsection.

(b) If the tenant should fail to make any payment as it becomes due
pursuant to paragraph (1) or (2) of subsection (a) of this Code
section, the court shall issue a writ of possession and the landlord
shall be placed in full possession of the premises by the sheriff, the
deputy, or the constable.

(c) The court shall order the clerk of the court to pay to the
landlord the payments claimed under the rental contracts paid into the
registry of the court as said payments are made; provided, however,
that, if the tenant claims that he is entitled to all or any part of
the funds and such claim is an issue of controversy in the litigation,
the court shall order the clerk to pay to the landlord without delay
only that portion of the funds to which the tenant has made no claim
in the proceedings or may make such other order as is appropriate
under the circumstances. That part of the funds which is a matter of
controversy in the litigation shall remain in the registry of the
court until a final determination of the issues.


44-7-55.

(a) If, on the trial of the case, the judgment is against the tenant,
judgment shall be entered against the tenant for all rents due and for
any other claim relating to the dispute. The court shall issue a writ
of possession, both of execution for the judgment amount and a writ to
be effective at the expiration of ten days after the date such
judgment was entered, except as otherwise provided in Code Section
44-7-56.

(b) If the judgment is for the tenant, he shall be entitled to remain
in the premises 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.


44-7-56.

Any judgment by the trial court shall be appealable pursuant to
Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal
shall be filed within ten days of the date such judgment was entered
and provided, further, that, after the notice of appeal is filed with
the clerk of the trial court, the clerk shall immediately notify the
trial judge of the notice of appeal and the trial judge may, within 15
days, 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. If the judgment of the trial court is against the tenant
and the tenant appeals this judgment, the court may upon motion of the
landlord and upon good cause shown order the tenant to pay into the
registry of the court all sums found by the trial court to be due for
rent in order to remain in possession of the premises. The tenant
shall also be required to pay all future rent as it becomes due into
the registry of the trial court pursuant to paragraph (1) of
subsection (a) of Code Section 44-7-54 until the issue has been
finally determined on appeal.


44-7-57.

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.


44-7-58.

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.


44-7-59.

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
Public Service Commission 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.


44-7-70.

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.


44-7-71.

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.


44-7-72.

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.


44-7-73.

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.



44-7-74.

(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.



44-7-75.

(a) At the time the tenant answers, the tenant shall pay into the
registry of the trial court all rent admittedly owed prior to the
issuance of the summons; provided, however, that, in lieu of such
payment, the tenant shall be allowed to submit to the court a receipt
indicating that the payment has been made to the landlord. In the
event that the amount of rent is in controversy, the court shall
determine the amount of rent to be paid into court in the same manner
as provided in subsection (b) of this Code section.

(b) The tenant shall pay into the registry of the trial court all rent
which becomes due after the issuance of the summons and shall pay said
rent as it becomes due. If the landlord and tenant disagree as to the
amount of rent, either or both of them may submit to the court any
written rental contract for the purpose of establishing the amount of
the rent to be paid into the registry of the court. If the amount of
rent is in controversy and no written rental agreement exists between
the tenant and the landlord, the court shall require the amount of
rent to be a sum equal to the last previous rental payment made by the
tenant and accepted by the landlord without written objection.

(c) If the landlord is also seeking a dispossessory warrant against
the tenant pursuant to Article 3 of this chapter, money paid into
court under Code Section 44-7-54 shall fully satisfy the requirements
under subsections (a) and (b) of this Code section.

(d) After the date of the service of the summons as provided in Code
Section 44-7-72, the tenant shall not transfer, convey, remove, or
conceal his property without either posting bond as provided in Code
Section 44-7-76 or complying with subsections (a) and (b) of this Code
section.

(e) If the tenant shall fail to comply with any of the provisions of
this Code section, the tenant shall not be entitled to retain
possession of his property pending a trial on the merits as provided
by Code Section 44-7-74 unless he posts bond as provided by Code
Section 44-7-76. Failure to comply with any provision of this Code
section shall in no way affect the tenant's ability to litigate the
issues raised in his answer but shall only affect the possession of
the property pendente lite. If judgment is against the tenant, the
property involved shall be seized by the marshal, the sheriff, or the
deputy, as the case may be, and held thereby for levy and sale after
judgment as provided by Code Section 44-7-79.

(f) The court shall order the clerk of the court to pay to the
landlord the amounts paid into the registry of the court as such
payments are made; provided, however, that, if the tenant claims that
he is entitled to all or a part of the funds and such claim is an
issue of controversy in the litigation, the court shall order the
clerk to pay to the landlord without delay only that portion of the
funds to which the tenant has made no claim in the proceedings. That
part of the funds which is a matter of controversy in the litigation
shall remain in the registry of the court until a final determination
of the issues.


44-7-76.

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.


44-7-77.

(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.


44-7-78.

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.


44-7-79.

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.


44-7-80.

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.


44-7-81.

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.


44-7-82.

(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.


44-7-100.

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.