Georgia 2023-2024 Regular Session

Georgia House Bill HB1416 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	24 LC 55 0263
2	2	House Bill 1416
3	3	By: Representatives Adesanya of the 43
4	4	rd
5	5	, Cummings of the 39
6	6	th
7	7	, Lim of the 98
8	8	th
9	9	, Bell of the
10	10	75
11	11	th
12	12	, and Crawford of the 84
13	13	th
14	14
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to
18	18	1
19	19	landlord and tenant, so as to provide for a duty of habitability for certain rental agreements;2
20	20	to provide for the deduction of the costs of certain repairs from rental payments; to provide3
21	21	for a maximum security deposit amount; to provide for notice; to revise the time required for 4
22	22	answers; to revise provisions concerning the effectiveness of writs of possession; to provide5
23	23	for applicability; to provide for related matters; to repeal conflicting laws; and for other6
24	24	purposes.7
25	25	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
26	26	SECTION 1.9
27	27	This Act shall be known and may be cited as the "Renters' Bill of Rights Act."10
28	28	SECTION 2.11
29	29	Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and12
30	30	tenant, is amended by revising Code Section 44-7-13, relating to landlord's duties as to13
31	31	repairs and improvements, as follows:14
32	32	H. B. 1416
33	33	- 1 - 24 LC 55 0263
34	34	"44-7-13.
35	35	15
36	36	(a)
37	37	The landlord must shall keep the premises in repair. He and shall be liable for all16
38	38	substantial improvements placed upon the premises by his such landlord's consent.17
39	39	(b) Any contract, lease, license, or similar agreement, oral or written, for the use or rental18
40	40	of real property as a dwelling place is deemed to include a provision that the premises is19
41	41	fit for human habitation.20
42	42	(c) If a landlord does not adequately respond to a tenant's request for repairs within five21
43	43	days of receiving such request and such repairs are the responsibility of the landlord22
44	44	pursuant to this Code section, the tenant may complete such repairs through a preapproved23
45	45	licensed professional, who shall be named in the lease agreement or identified by the24
46	46	landlord at the time the premises is rented, or from any licensed professional if no such25
47	47	professional is preapproved by the landlord. After the work is completed, the tenant may26
48	48	deduct the cost of such repairs from the next rental installment due; provided, however, that27
49	49	the amount of such deduction shall not exceed 50 percent of such installment and the tenant28
50	50	shall submit receipts of the work completed to the landlord to qualify for such rent29
51	51	deduction. If such repair costs exceed 50 percent of the rental installment, the tenant may30
52	52	deduct such costs from subsequent rental installments until such costs are recovered,31
53	53	provided that no deduction exceeds 50 percent of any rental installment."32
54	54	SECTION 3.33
55	55	Said chapter is further amended in Code Section 44-7-14.1, relating to landlord's duties as34
56	56	to utilities, by revising subsection (a) as follows:35
57	57	"(a) As used in this Code section, the term 'utilities' means cooling, heat, light, and water36
58	58	service."37
59	59	SECTION 4.38
60	60	Said chapter is further amended by adding a new Code section to read as follows:39
61	61	H. B. 1416
62	62	- 2 - 24 LC 55 0263
63	63	"44-7-30.1.40
64	64	No landlord shall demand or receive a security deposit in an amount that exceeds the41
65	65	equivalent of one months' rent."42
66	66	SECTION 5.43
67	67	Said chapter is further amended by revising Code Section 44-7-50, relating to demand for44
68	68	possession, procedure upon a tenant's refusal, and concurrent issuance of federal lease45
69	69	termination notice, as follows:46
70	70	"44-7-50.47
71	71	(a) In all cases when a tenant holds possession of lands or tenements over and beyond the48
72	72	term for which they were rented or leased to such tenant or fails to pay the rent when it49
73	73	becomes due and in all cases when lands or tenements are held and occupied by any tenant50
74	74	at will or sufferance, whether under contract of rent or not, when the owner of such lands51
75	75	or tenements desires possession of such lands or tenements, such owner may, individually52
76	76	or by an agent, attorney in fact at law, or attorney at law in fact, demand the possession of53
77	77	the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver54
78	78	possession when so demanded, the owner or the agent, attorney at law, or attorney in fact55
79	79	of such owner may immediately go before the judge of the superior court, the judge of the56
80	80	state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy57
81	81	clerk of any other court with jurisdiction over the subject matter, or a magistrate in the58
82	82	district where the land lies and make an affidavit under oath to the facts. The Such59
83	83	affidavit may likewise be made before a notary public.60
84	84	(b) If issued by a public housing authority, the demand for possession required by61
85	85	subsection (a) or (c) of this Code section may be provided concurrently with the federally62
86	86	required notice of lease termination in a separate writing.63
87	87	(c) In all cases when a tenant fails to pay the rent, late fees, utilities, or other charges owed64
88	88	to the landlord when it becomes due, if the tenant refuses to pay the amount due or fails to65
89	89	H. B. 1416
90	90	- 3 - 24 LC 55 0263
91	91	deliver possession when so demanded after being provided with a notice to vacate or pay66
92	92	all past due rent, late fees, utilities, and other charges owed to the landlord within three67
93	93	business days, the owner or the agent, attorney at law, or attorney in fact of such owner68
94	94	may immediately go before the judge of the superior court, the judge of the state court, or69
95	95	the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any70
96	96	other court with jurisdiction over the subject matter, or a magistrate in the district where71
97	97	the land lies and make an affidavit under oath to the facts. Such affidavit may likewise be72
98	98	made before a notary public.73
99	99	(d) The demand for possession notice under subsection (a) of this Code section or the74
100	100	three-day notice to vacate or pay under subsection (c) of this Code section shall be posted75
101	101	in a sealed envelope conspicuously on the door of the property and delivered via any76
102	102	additional method or methods agreed upon in the rental agreement."77
103	103	SECTION 6.78
104	104	Said chapter is further amended in Code Section 44-7-51, relating to issuance of summons,79
105	105	service, time for answer, and defenses and counterclaims, by revising subsection (b) as80
106	106	follows:81
107	107	"(b) The summons served on the defendant pursuant to subsection (a) of this Code section82
108	108	shall command and require the tenant to answer either orally or in writing within seven83
109	109	14 days from the date of the actual service unless the seventh fourteenth day is a Saturday,84
110	110	a Sunday, or a legal holiday, in which case the answer may be made on the next day which85
111	111	is not a Saturday, a Sunday, or a legal holiday. If the answer is oral, the substance thereof86
112	112	shall be endorsed on the dispossessory affidavit. The answer may contain any legal or87
113	113	equitable defense or counterclaim. The landlord need not appear on the date of the tenant's88
114	114	response. The last possible date to answer shall be stated on the summons."89
115	115	H. B. 1416
116	116	- 4 - 24 LC 55 0263
117	117	SECTION 7.
118	118	90
119	119	Said chapter is further amended in Code Section 44-7-52, relating to when tender of payment91
120	120	by tenant serves as a complete defense, by revising subsection (a) as follows:92
121	121	"(a) Except as provided in subsection (c) of this Code section, in an action for nonpayment93
122	122	of rent, the tenant shall be allowed to tender to the landlord, within seven
123	123	14 days of the94
124	124	day the tenant was served with the summons pursuant to Code Section 44-7-51, all rents95
125	125	allegedly owed plus the cost of the dispossessory warrant. Such a tender shall be a96
126	126	complete defense to the action; provided, however, that a landlord is required to accept97
127	127	such a tender from any individual tenant after the issuance of a dispossessory summons98
128	128	only once in any 12 month period."99
129	129	SECTION 8.100
130	130	Said chapter is further amended in Code Section 44-7-55, relating to judgement, writ of101
131	131	possession, landlord's liability for wrongful conduct, distribution of funds paid into court, and102
132	132	personal property, by revising subsection (a) as follows:103
133	133	"(a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered104
134	134	against the tenant for all rents due and for any other claim relating to the dispute. The court105
135	135	shall issue a writ of possession, both of execution for the judgment amount and a writ to106
136	136	be effective at the expiration of seven 14 days after the date such judgment was entered,107
137	137	except as otherwise provided in Code Section 44-7-56."108
138	138	SECTION 9.109
139	139	This Act shall apply to residential lease agreements that are entered into or renewed on or110
140	140	after July 1, 2024.111
141	141	SECTION 10.112
142	142	All laws and parts of laws in conflict with this Act are repealed.113
143	143	H. B. 1416
144	144	- 5 -