24 LC 48 1098
House Bill 1059
By: Representatives Scott of the 76
th
, Davis of the 87
th
, and Schofield of the 63
rd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to
1
landlord and tenant, so as to provide for residential eviction diversion programs for disabled2
and low-income persons; to provide a short title; to provide for dispossessory procedures3
under certain circumstances; to provide for certain notices to tenants for dispossessory4
proceedings; to provide for mediation; to provide for rules and regulations; to require5
landlord participation; to provide for defenses; to provide for dispossessory proceedings; to6
provide for related matters; to provide for an effective date and applicability; to repeal7
conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
This Act shall be known and may be cited as the "Georgia Tenant Protection and Mediation11
Act."12
SECTION 2.13
Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and14
tenant, is amended by revising subsection (a) of Code Section 44-7-50, relating to demand15
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for possession, procedure upon a tenant's refusal, and concurrent issuance of federal lease
16
termination notice, as follows:17
"(a) Except as provided in Code Section 44-7-50.1, in
In all cases when a tenant holds18
possession of lands or tenements over and beyond the term for which they were rented or19
leased to such tenant or fails to pay the rent when it becomes due and in all cases when20
lands or tenements are held and occupied by any tenant at will or sufferance, whether under21
contract of rent or not, when the owner of such lands or tenements desires possession of22
such lands or tenements, such owner may, individually or by an agent, attorney in fact, or23
attorney at law, demand the possession of the property so rented, leased, held, or occupied. 24
If the tenant refuses or fails to deliver possession when so demanded, the owner or the25
agent, attorney at law, or attorney in fact of such owner may immediately go before the26
judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either27
court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the28
subject matter, or a magistrate in the district where the land lies and make an affidavit29
under oath to the facts. The affidavit may likewise be made before a notary public."30
SECTION 3.31
Said chapter is further amended by adding a new Code section to read as follows:32
"44-7-50.1.33
(a) This Code section shall apply to all cases involving disabled adults, as defined in Code34
Section 30-5-3, and low-income persons as defined in Code Section 8-3-301, except when35
eviction is necessary to cease or prevent an imminent and direct threat of harm by a tenant,36
including physical harm or harassment, when:37
(1) A residential tenant holds possession of lands or tenements over and beyond the term38
for which they were rented or leased to such tenant or fails to pay the rent when it39
becomes due and in all cases when lands or tenements are held and occupied by any40
tenant at will or sufferance, whether under contract of rent or not; and41
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(2) The court with jurisdiction over a dispossessory proceeding under this article for such42
land or tenement has established a residential eviction diversion program under Code43
Section 44-7-130.44
(b) When the owner of lands or tenements described in paragraph (1) of subsection (a) of45
this Code section desires possession of such lands or tenements, such owner may,46
individually or by an agent, attorney in fact, or attorney at law, demand the possession of47
the property so rented, leased, held, or occupied, provided that such demand shall:48
(1) Be in writing;49
(2) Notify the tenant that he or she has a right to request to participate in a residential50
eviction diversion program within seven days following receipt of such notice; and51
(3) Include the contact information for such program and instructions on how the tenant52
may request to participate.53
(c) If a tenant desires to participate in a residential eviction diversion program, the tenant54
shall request to schedule a mediation with the program no later than seven days after55
receiving the demand for possession in the manner required by such program.56
(d) If the tenant does not choose to participate in the residential eviction program within57
seven days as provided in subsection (c) of this Code section or if the tenant chooses to58
participate in the residential eviction program but the program is unable to offer a date to59
schedule the mediation within 30 days of such request or if the tenant and landlord60
participate in mediation but are unable to come to an agreement and the tenant refuses or61
fails to deliver possession, the owner or the agent, attorney at law, or attorney in fact of62
such owner may immediately go before the judge of the superior court, the judge of the63
state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy64
clerk of any other court with jurisdiction over the subject matter, or a magistrate in the65
district where the land lies and make an affidavit under oath to the facts. The affidavit may66
likewise be made before a notary public.67
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(e) If the tenant does not participate in a residential evictions program or refuses to or fails68
to deliver possession of the property in accordance with subsection (d) of this Code section,69
such tenant shall be subject to the dispossessory proceedings as provided by Article 3 of70
Chapter 7 of Title 44."71
SECTION 4.72
Said chapter is further amended by adding a new article to read as follows:73
"ARTICLE 774
44-7-130.75
(a) Any court with jurisdiction over dispossessory proceedings under Article 3 of this76
chapter may establish a residential eviction diversion program that provides for mediation77
between a landlord and tenant to assist in resolving an asserted residential lease violation.78
(b) Such court shall publish and make available to the public contact information for such79
program.80
(c) Such program shall comply with the Supreme Court of Georgia Alternative Dispute81
Resolution Rules and appendices.82
(d) The Supreme Court of Georgia may adopt such additional rules and regulations as may83
be necessary to provide for such programs.84
44-7-131.85
(a) A landlord shall participate in any mediation scheduled pursuant to this article.86
(b) A landlord's failure to comply with the notice requirement provided in Code Section87
44-7-50.1 or failure to participate in a scheduled mediation may be asserted as a defense88
by a tenant and may not be waived."89
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SECTION 5.
90
This Act shall become effective on January 1, 2025, and shall apply to residential lease91
agreements that are entered into or renewed on or after July 1, 2023.92
SECTION 6.93
All laws and parts of laws in conflict with this Act are repealed.94
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