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