Article 1. IN GENERAL  


§ 44-7-1. Creation of landlord and tenant relationship; rights of tenant; construction of lease for less than five years
§ 44-7-2. Parol contract creating landlord and tenant relationship; certain provisions prohibited; effect of provision for attorney's fees
§ 44-7-3. Disclosure of ownership and agents; effect of failure to comply
§ 44-7-4. Local ordinances relating to security of premises occupied by tenants; cumulative effect of this Code section
§ 44-7-5. When implied contract to pay rent arises
§ 44-7-6. Tenancy at will -- Creation when no time period specified
§ 44-7-7. Tenancy at will -- Notice required for termination
§ 44-7-8. Tenancy at will -- Right of tenant to emblements
§ 44-7-9. Estoppel to dispute landlord's title or attorn to another
§ 44-7-10. Delivery of possession at end of term; summary remedy
§ 44-7-11. Specific rights of tenants
§ 44-7-12. Removal of trade fixtures during term; when abandoned
§ 44-7-13. Landlord's duties as to repairs and improvements
§ 44-7-14. Tort liability of landlord
§ 44-7-14.1. Landlord's duties as to utilities
§ 44-7-15. Effect of destruction of tenement on obligation to pay rent
§ 44-7-16. Accrual of interest on rent owed
§ 44-7-17. Exemption from liens against tenant of crops paid as rent
§ 44-7-18. Effect of leases for purposes of prostitution or assignation
§ 44-7-19. Restrictions on rent regulation by local governments
§ 44-7-20. Notification to prospective tenant of property's propensity toward flooding
§ 44-7-21. Written brokerage agreement as binding obligation; notice of commission rights form
§ 44-7-22. Termination of a residential rental agreement by a service member

REFS & ANNOS

TITLE 44 Chapter 7 Article 1 NOTE

LAW REVIEWS. --For article discussing 1976 statutory changes in landlord-tenant law, see 13 Ga. St. B.J. 43 (1976).
   For comment discussing Robinson v. Diamond Housing Corp., 463 F.2d 853 (D.C. Cir. 1972), as to retaliatory eviction following tenant's successful assertion of rights, see 6 Ga. L. Rev. 805 (1972).
 
JUDICIAL DECISIONS
 
CITED in Griffin v. Loman, 206 Ga. 116, 56 S.E.2d 263 (1949).
 
RESEARCH REFERENCES
 
Am. Jur. Trials. --Retaliatory Eviction Claims, 99 Am. Jur. Trials 289.
 
ALR. --Perpetual lease or covenant to renew lease perpetually as violation of rule against perpetuities or the suspension of the power of alienation, 3 ALR 498; 162 ALR 1147.
   Commission of waste as ground for forfeiture of lease, 3 ALR 672.
   Change in time for assessment or payment of taxes as affecting provision for payment of taxes during term of lease, 3 ALR 1159; 20 ALR 1502.
   Knowledge of owner of improvements or repairs, intended or in process under orders of lessee or vendee, as "consent," which will subject his interest to mechanics' liens, 4 ALR 685.
   Effect of nonhabitability of leased dwelling or apartment, 4 ALR 1453; 13 ALR 818; 29 ALR 52; 34 ALR 711.
   Covenant to pay taxes as including income taxes, 9 ALR 1566; 30 ALR 991; 45 ALR 756; 124 ALR 1020; 140 ALR 517.
   Liability of landlord for injury to person or property of tenant, or his privies, from defects in heating or lighting plant or plumbing, 13 ALR 837; 26 ALR 1253; 52 ALR 864.
   Right to receive rent as between mortgagor and mortgagee of leased premises, 14 ALR 640; 105 ALR 744.
   Effect of foreclosure of mortgage as terminating lease, 14 ALR 664.
   Statute prescribing damages for forcibly ejecting or excluding one from possession of real property as applying to possession held by one as servant or employee, 14 ALR 808.
   What are "minerals" within deed, lease, or license, 17 ALR 156; 86 ALR 983.
   Taking partner or assigning to cotenant as breach of provision in lease against assignment or subletting, 17 ALR 183.
   Implied covenants of title or possession on assignment of lease, 19 ALR 608.
   Advertising rights on leased premises, 22 ALR 800; 20 ALR2d 940.
   Liability of landlord for damage to tenant because of infection from contagious or infectious disease, 26 ALR 1265.
   Reentry by lessor as terminating lessee's option to renew or purchase, 29 ALR 1040; 115 ALR 376.
   Validity and enforceability of provision for renewal of lease at rental not determined, 30 ALR 572; 68 ALR 157; 166 ALR 1237.
   Right to recover exaction by lessor as condition of consent to assignment or sublease, 40 ALR 553.
   Waiver by lessor of failure to comply with conditions of lease as to manner or terms of assignment by lessee, 42 ALR 1108.
   Construction and effect of provision of sublease or assignment making it subject to, or assuming, the provisions of the lease, 42 ALR 1173.
   Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 43 ALR 1176; 163 ALR 679.
   Extent of lessee's obligation under express covenant as to repairs, 20 ALR 782; 45 ALR 12.
   Acts of other tenants as chargeable to landlord, 45 ALR 1126.
   Duty of tenant in absence of express provision, to occupy the premises, or to use them for the particular purpose indicated by words in the lease descriptive of their character, 46 ALR 1134.
   Surrender of lease as affecting liability on covenants other than for rent, 51 ALR 1061.
   Crop failure as affecting liability for rent, 51 ALR 1291.
   Agreement to take lease as raising corresponding agreement to give one, 53 ALR 288.
   Acts of other tenants as chargeable to landlord, 58 ALR 1049.
   Tenant's liability for rent subsequent to appointment of receiver in suit or proceeding by landlord or by parties in privity with landlord, 61 ALR 372.
   When landlord's reletting or efforts to relet, after tenant's abandonment or refusal to enter, deemed to be acceptance of surrender, 61 ALR 773; 110 ALR 368.
   Right of sublessee to take lease from lessor after expiration of lease to sublessor, 75 ALR 847.
   Assignment of lease as breach of covenant against subletting, 79 ALR 1379.
   Rights and remedies of parties in respect to lease of filling station, 83 ALR 1416; 126 ALR 1375.
   Parol evidence rule as applied to lease, 88 ALR 1380; 151 ALR 279.
   Receiver of insolvent lessee, who elects to take over the lease, as holding under privity of estate within rule allowing termination of assignee's liability by reassignment of lease, 95 ALR 379.
   Validity, construction, and effect of provision in mortgage or deed of trust regarding status of mortgagor or his grantee in possession after sale under foreclosure or otherwise, 103 ALR 981.
   Measure of damages for breach by lessor of contract to lease or to lessee into possession, 104 ALR 132; 88 ALR2d 1024.
   Relation and rights inter se of purchaser under foreclosure of mortgage and tenant under lease subsequent to mortgage, 109 ALR 447.
   Landlord's acceptance of rent as waiver of right to forfeit because of tenant's past or future violation of terms of lease, 109 ALR 1267.
   Transaction between lessor and sublessee or assignee after forfeiture or cause of forfeiture by lessee as waiver of forfeiture, 118 ALR 124.
   Language of lease as creating conditional limitation as distinguished from a condition subsequent, or vice versa, 118 ALR 283.
   Apportionment of income where right to income commences or ends during accrual period, 126 ALR 12.
   Time when rent payable in absence of provision of lease fixing time applicable to all payments, 126 ALR 565.
   What amounts to a leasehold interest within insurance policy, 130 ALR 818.
   Option of one party to terminate lease upon condition which does not entitle other party to similar option, 137 ALR 362.
   Provision of lease or statute as to forfeiture where premises used for unlawful purpose, as contemplating a single use or a continuous use, 145 ALR 1063.
   Liability of lessee's assignee to lessor for rent accruing after assignment by him, in the absence of assumption of covenant of the lease, 148 ALR 196.
   What agreement or conduct subsequent to assignment of lease amounts to assumption by assignee of covenants of lease, or estoppel to deny such assumption, 148 ALR 393.
   Provision in lease as to purpose for which premises are to be used, as excluding use for other purpose, 148 ALR 583.
   Validity and effect, as between assignor and assignee or claimants under them, of assignment by purchaser under land contract, or by tenant under lease, as affected by provision of contract or lease restricting or prohibiting assignment, 148 ALR 1361.
   Constitutionality and construction of Emergency Price Control Act as relating to rent, 155 ALR 1461; 156 ALR 1459; 157 ALR 1457; 158 ALR 1464.
   Provision of lease for protection of lessee in event of specified collateral contingency as affected by his failure to avoid the contingency, 156 ALR 302.
   Restrictions in lessor's record title as to use of premises as affecting rights between lessor and lessee, 165 ALR 1178.
   Provision of lease authorizing its termination by lessor in event of insolvency, bankruptcy, or receivership of lessee, 168 ALR 504.
   What is nuisance within meaning of rent control act or regulation governing eviction of tenant, 174 ALR 989.
   Right of owner of housing development or apartment houses to restrict canvassing, peddling, solicitation of contributions, etc., 3 ALR2d 1431.
   Granting to lessee of "first" privilege or right to re-lease or to renewal or extension of tenancy period as conditioned upon lessor's willingness to re-lease, 6 ALR2d 820.
   Conditions accompanying or following dissolution of lessee corporation, as breach of covenant against assignment or sublease, 12 ALR2d 179.
   Remedy of tenant against stranger wrongfully interfering with his possession, 12 ALR2d 1192.
   Implied covenant in lease for business purposes, that lessor will not compete in business activity for conducting of which lessee leased the premises, 22 ALR2d 1466.
   Sublessee's obligation to sublessor to perform latter's covenants in original lease, 24 ALR2d 707.
   Relative rights and liabilities of landlord, tenant, assignee, or sublessee where act is done increasing insurance rates, 30 ALR2d 489.
   Misrepresentation by lessor, in negotiations for lease, as to offers of rental received from third persons, as actionable fraud, 30 ALR2d 923.
   Breach of covenant for quiet enjoyment in lease, 41 ALR2d 1414.
   Enforcement of, or waiver of or estoppel to assert, forfeiture clause of lease made or held by cotenants as lessors, 50 ALR2d 1365.
   Measure of evicted tenant's recovery for improvements made by him on premises for lease uses, 71 ALR2d 1104.
   Liability of mortgagee or lienholder of a lease with respect to rents or covenants therein, 73 ALR2d 1118.
   Estoppel of lessee, because of occupancy of, or other activities in connection with, premises, to assert invalidity of lease because of irregularities in description or defects in execution, 84 ALR2d 920.
   Liability as between lessor and lessee, where lease does not specify, for taxes and assessments, 86 ALR2d 670.
   Validity, construction, and effect of lessor's covenant against use of his other property in competition with the lessee-covenantee, 97 ALR2d 4.
   Liability of lessee who assigns lease for rent accruing subsequently to extension or renewal of term, 10 ALR3d 818.
   Tenant's rights under unexercised option to purchase as affected by landlord's breach of lease or lease agreement, 12 ALR3d 1128.
   Landlord's duty, on tenant's failure to occupy, or abandonment of, premises, to mitigate damages by accepting or procuring another tenant, 21 ALR3d 534.
   Infestation of leased dwelling or apartment with vermin as entitling tenant to abandon premises or as constructive eviction by landlord, in absence of express covenant of habitability, 27 ALR3d 924.
   Landlord and tenant: constructive eviction based on flooding, dampness, or the like, 33 ALR3d 1356.
   Landlord and tenant: what amounts to "sale" of property for purposes of provision giving tenant right of first refusal if landlord desires to sell, 70 ALR3d 203.
   Landlord supplying electricity, gas, water, or similar facility to tenant as subject to utility regulation, 75 ALR3d 1204.
   Requirements as to certainty and completeness of terms of lease in agreement to lease, 85 ALR3d 414.
   Lease provisions providing for rent adjustment based on event or formula outside control of parties, 87 ALR3d 986.
   Use of property for multiple dwellings as violating restrictive covenant permitting property to be used for residential purposes only, 99 ALR3d 985.
   Landlord and tenant: constructive eviction by another tenant's conduct, 1 ALR4th 849.
   Shopping center lease restrictions on type of business conducted by tenant, 1 ALR4th 942.
   Measure of damages for landlord's breach of implied warranty of habitability, 1 ALR4th 1182.
   Option to purchase real property as affected by optionor's receipt of offer for, or sale of, larger tract which includes the optioned parcel, 34 ALR4th 1217.
   Sublessee's rights with respect to primary lessee's option to renew lease, 39 ALR4th 824.
   Landlord's fraud, deceptive trade practices, and the like, in connection with mobile home owner's lease or rental of landsite, 39 ALR4th 859.
   Merger or consolidation of corporate lessee as breach of clause in lease prohibiting, conditioning, or restricting assignment or sublease, 39 ALR4th 879.
   Death of lessee as terminating lease, 42 ALR4th 963.
   Landlord's liability for failure to protect tenant from criminal activities of third person, 43 ALR5th 207.
   Validity, construction, and application of mobile home eviction statutes, 43 ALR5th 705.
   Measure and elements of damages for lessee's breach of covenant as to repairs, 45 ALR5th 251.