Georgia House Bill HB304 Introduced / Bill

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H. B. 304
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House Bill 304
By: Representative Neal of the 79
th
 
A BILL TO BE ENTITLED
AN ACT
To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to
1
provide for the uniform regulation of landlord-tenant relationships under residential rental2
agreements; to provide for landlord and tenant rights and duties; to provide for lease terms3
and duties; to provide for  remedies; to provide for tenancies; to provide requirements related4
to the death of a tenant; to prohibit retaliatory conduct; to provide for the disposition of5
personal property of a tenant; to provide for the effect of family violence, dating violence,6
stalking, or sexual assault; to provide for security deposit, fee, and unearned rent7
requirements; to provide for enforcement; to provide for applicability; to provide for8
definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by12
adding a new chapter to read as follows:13 23 LC 50 0457ER
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"CHAPTER 7A14
ARTICLE 115
44-7A-101.16
This chapter shall be known and may be cited as the 'Uniform Residential Landlord and17
Tenant Act.'18
44-7A-102.19
As used in this chapter, the term:20
(1)  'Action' means an action for damages, possession, ejectment, quiet title, specific21
performance, or other judicial proceeding in which rights under a lease or this chapter are22
determined.23
(2)  'Actual damages' means compensation for direct, consequential, or incidental injuries24
or losses.  Such term includes:25
(A)  Amounts payable to a landlord or tenant under the lease for a violation of the lease;26
and27
(B)  The diminution in the value of a dwelling unit.28
(3)  'Bank' means an organization that engages in the business of banking and is federally29
insured.  Such term includes a savings bank, savings and loan association, credit union,30
and trust company.31
(4)  'Building, housing, fire, or health code' includes any law concerning fitness for32
habitation or the construction, maintenance, operation, occupancy, use, or appearance of33
the premises.34
(5)  'Contact person' means a person designated by a tenant under subsection (b) of Code35
Section 44-7A-109.36
(6)  'Criminal act' or 'criminal activity' means:37 23 LC 50 0457ER
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(A)  The manufacture, sale, distribution, use, or possession of a controlled substance38
on or in the vicinity of the premises which is criminal under law other than this chapter;39
or 40
(B)  Activity that is criminal under law other than this chapter and threatens the health41
or safety of an individual on the premises or the landlord or landlord's agent on or off42
the premises.43
(7)  'Diminution in the value of a dwelling unit' means a reduction from rent which44
reflects the extent to which a noncompliant condition of the premises impairs the tenant's45
use and enjoyment of the unit, as determined by a court based on evidence that need not46
include expert testimony.47
(8)  'Dwelling unit' means property leased to a tenant for use as a home, residence, or48
sleeping place by an individual or two or more individuals who maintain a common49
household, regardless of their relationship to each other.  Such term includes:50
(A)  A single-family residence, together with fixtures and appurtenances, the land on51
which it is located, and any other structure on the land; and52
(B)  A structure or part of a structure in which the tenant resides, together with fixtures53
and appurtenances, and any other area of the land on which the structure is located to54
which the tenant is given an exclusive right of possession during the term of the lease,55
including a designated parking space or storage area.56
(9)  'Electronic' means relating to technology having electrical, digital, magnetic,57
wireless, optical, electromagnetic, or similar capability.58
(10)  'Essential service' means heat, hot and cold running water, sewage or septic59
disposal, and electricity.  Such term includes gas or air conditioning if required to be60
supplied to a tenant by the lease or law other than this chapter which, if not supplied to61
the tenant, would create a serious threat to the health, safety, or property of the tenant or62
immediate family member.63 23 LC 50 0457ER
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(11)  'Fees' means amounts payable by a tenant to a landlord which the landlord has no64
obligation to account for or return to the tenant except as otherwise provided in65
subsection (b) of Code Section 44-7A-405.  Such term does not include rent or a security66
deposit.67
(12)  'Funds' means money, checks, bank account credits, certificates of deposit, or the68
like.69
(13)  'Good faith' means honesty in fact and the observance of reasonable commercial70
standards of fair dealing.71
(14)  'Guest' means an individual, other than the landlord or landlord's agent, invited on72
the premises by a tenant or immediate family member.73
(15)  'Immediate family member' means any of the following who habitually resides in74
a dwelling unit with a tenant:75
(A)  An individual related to the tenant by blood, adoption, or marriage;76
(B)  An individual having an intimate relationship with the tenant; or77
(C)  A foster child, stepchild, or ward of the tenant or an individual named in78
subparagraph (A) or (B) of this paragraph.79
(16)  'Landlord' means:80
(A)  The owner of a dwelling unit rented to a tenant;81
(B)  A successor in interest to the landlord;82
(C)  A sublessor, only if the landlord did not consent to the sublease; and83
(D)  A person that manages the unit or enters a lease on behalf of the owner of the unit84
and fails to comply with subsections (c) and (d) of Code Section 44-7A-108, except85
with respect to events occurring after:86
(i)  The tenant is given notice in a record that complies with subsections (c) and (d)87
of Code Section 44-7A-108; or88
(ii)  The date of termination of the person's authority to act on behalf of the owner if89
that authority is terminated.90 23 LC 50 0457ER
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(17)  'Law' includes federal or state statutes, case law, administrative action, and91
legislative acts of local governments.92
(18)  'Lease' means a contract, oral or in a record, between a landlord and tenant in which93
the landlord rents a dwelling unit to the tenant for a tenancy for a fixed term or a periodic94
tenancy.  Such term includes an amendment to the lease, rules adopted by the landlord95
which were disclosed to the tenant under paragraph (4) of subsection (b) of Code Section96
44-7A-108, and, subject to Code Section 44-7A-304, rules adopted by the landlord after97
commencement of the term of the lease.98
(19)  'Notice in a record' means notice that complies with subsection (b) of Code Section99
44-7A-107.100
(20)  'Owner' means a person vested with all or part of:101
(A)  Legal title to the premises; or102
(B)  Beneficial ownership and a right to present use and enjoyment of the premises.103
(21)  'Periodic rent' means the amount payable each month under a tenancy for a fixed104
term or a periodic tenancy for month to month or payable each week under a periodic105
tenancy for week to week.  If rent is payable annually, periodic rent is the amount of the106
annual rent divided by 12.107
(22)  'Periodic tenancy' means a tenancy created under a lease or arising by operation of108
law for either month to month or week to week.109
(23)  'Person' means an individual, estate, trust, business or nonprofit entity, public110
corporation, government or governmental subdivision, agency, or instrumentality, or111
other legal entity.112
(24)  'Premises' means a dwelling unit and, to the extent owned by the landlord, any113
structure of which the unit is a part.  Such term includes any area and structure owned by114
the landlord which are associated with the structure in which the dwelling unit is located115
and held out by the landlord for the use of tenants generally.116 23 LC 50 0457ER
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(25)  'Prepaid rent' means rent paid to a landlord before the first day of the rental period117
to which it is to be applied.118
(26)  'Record' means information that is inscribed on a tangible medium or that is stored119
in an electronic or other medium and is retrievable in perceivable form.120
(27)  'Rent,' when used as a noun, means a payment for the right to possession of a121
dwelling unit.  Such term does not include a security deposit or fees.122
(28)  'Repairs' includes remediations.123
(29)  'Security deposit' means funds provided to a landlord to secure payment or124
performance of a tenant's obligations under a lease or this chapter and the identifiable125
proceeds of the funds, however denominated.  Such term does not include rent or fees.126
(30)  'Security interest' means an interest in personal property which secures payment or127
performance of a tenant's obligations under a lease or this chapter.128
(31)  'Sign' means, with present intent to authenticate or adopt a record:129
(A)  To execute or adopt a tangible symbol; or130
(B)  To attach to or logically associate with the record an electronic symbol, sound, or131
process.  For purposes of this paragraph, the term 'symbol' includes an email address132
or other identifying header.133
(32)  'State' means a state of the United States, the District of Columbia, Puerto Rico, the134
United States Virgin Islands, or any territory or insular possession subject to the135
jurisdiction of the United States.136
(33)  'Tenancy for a fixed term' means a tenancy under a lease for a fixed or computable137
period, regardless of the length of the period.138
(34)  'Tenant' means:139
(A)  A person that is a party to a lease of a dwelling unit and is entitled to possession140
of the unit; and141
(B)  An assignee or sublessee of a person described in subparagraph (A) of this142
paragraph which has possession of the unit with the landlord's consent.143 23 LC 50 0457ER
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(35)  'Tenant representative' means:144
(A)  A personal representative of a deceased tenant's estate; or145
(B)  Before the appointment of a personal representative, a contact person, or in the146
absence of a contact person, a person the landlord reasonably believes to be an heir of147
the tenant under the applicable intestate succession law.148
(36)  'Unearned rent' means rent, including prepaid rent, that a tenant paid to a landlord149
for the right to possession of the dwelling unit for any period after the date the lease150
terminates in accordance with its terms or this chapter.  Such term does not include an151
amount, including rent, owed to the landlord for a period before or after the date the lease152
terminates during which the tenant is in physical possession of the premises.153
(37)  'Willful' means intentional performance of an act the actor knows to be prohibited154
by this chapter or a lease, intentional failure to perform an act the actor knows to be155
required by this chapter or the lease, or deliberate indifference to whether the156
performance or failure to perform violates this chapter or the lease.157
44-7A-103.158
(a)  As used in this Code section, the term:159
(1)  'Occupancy as a vacation rental' means occupancy that has the following160
characteristics:161
(A)  The tenant rents the dwelling unit for vacation purposes only and has a principal162
residence other than the unit;163
(B)  The unit is furnished with personal property necessary to make the unit ready for164
immediate occupancy by the tenant; and165
(C)  The occupancy does not exceed 30 consecutive days.166
(2)  'Transient occupancy' means occupancy in a room or suite of rooms which has the167
following characteristics:168
(A)  The cost of occupancy is charged on a daily basis;169 23 LC 50 0457ER
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(B)  The operator of the room or suite provides housekeeping and linen service as part170
of the regularly charged cost of occupancy; and171
(C)  The occupancy does not exceed 30 consecutive days.172
(b)(1)  Except as otherwise provided in subsection (c) of this Code section, this chapter173
applies to a lease of a dwelling unit in this state entered into or extended to renewed on174
or after July 1, 2023.175
(2)  The provisions of this chapter shall supersede any other provisions of Chapter 7 of176
this title to the extent of any conflict therewith.177
(c)  The following arrangements are not governed by this chapter:178
(1)  Residence at a public or private facility, if incidental to detention or the provision of179
medical, mental health, geriatric, counseling, educational, religious, disability, personal180
safety, or similar service;181
(2)  Occupancy under a contract of sale of, or an option to purchase, a dwelling unit or182
the building of which it is a part, if the occupant is the purchaser or optionee or an183
individual who has succeeded to the interest of the purchaser or optionee;184
(3)  Occupancy by a member of a fraternal or social organization in a part of a structure185
operated for the benefit of the organization;186
(4)  Transient occupancy;187
(5)  Occupancy by an employee of a landlord when the employee's right to occupancy is188
conditioned on employment in or about the premises;189
(6)  Occupancy by a holder of a proprietary lease in a cooperative;190
(7)  Occupancy under a lease covering premises used by the occupant for agricultural191
purposes;192
(8)  Occupancy as a vacation rental; and193
(9)  A ground lease of real property which lease does not include a dwelling unit.194 23 LC 50 0457ER
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44-7A-104.195
(a)  A right or obligation under this chapter is enforceable by an action unless the provision196
creating the right or obligation provides otherwise.197
(b)  A party seeking relief under this chapter has a duty to mitigate damages.198
44-7A-105.199
Every lease or duty under this chapter imposes an obligation of good faith in its200
performance and enforcement.201
44-7A-106.202
(a)  If a court, as a matter of law, finds a lease or any provision of the lease was203
unconscionable at the time it was made, the court may refuse to enforce the lease, enforce204
the remainder of the lease without the unconscionable provision, or limit application of the205
unconscionable provision to avoid an unconscionable result.206
(b)  If a court, as a matter of law, finds a settlement agreement in which a party waived or207
agreed to forego a claim or right under a lease or this chapter was unconscionable at the208
time it was made, the court may refuse to enforce the agreement, enforce the remainder of209
the agreement without the unconscionable provision, or limit application of the210
unconscionable provision to avoid an unconscionable result.211
(c)  If a party or the court puts unconscionability in issue under subsection (a) or (b) of this212
Code section, the court shall allow the parties to present evidence of the setting, purpose,213
and effect of the lease or settlement agreement to aid the court in making the determination214
of unconscionability.215
44-7A-107.216
(a)  In this chapter, a person has notice of a fact if the person:217
(1)  Has actual knowledge of the fact;218 23 LC 50 0457ER
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(2)  Received notice of the fact under subsection (d) of this Code section; or219
(3)  Has reason to know the fact exists from all facts known to the person at the time in220
question.221
(b)  Except as otherwise provided in subsection (c) of Code Section 44-7A-1001, if this222
chapter requires notice in a record, the notice shall be signed by the person giving it and:223
(1)  Delivered personally to the recipient;224
(2)  Deposited in the mail with proper postage and properly addressed if:225
(A)  Sent to the landlord, to the mailing address specified under Code Section226
44-7A-108;227
(B)  Sent to the tenant, to the mailing address specified under Code Section 44-7A-109;228
or229
(C)  If sent to a person other than a landlord or tenant, or there is no address specified230
for the landlord or tenant, to an address reasonable under the circumstances; or231
(3)  Unless the landlord or tenant notifies the other at any time that notice may be given232
only by personal delivery or by mail as provided in paragraph (2) of this subsection,233
delivered by another means of communication with cost of transmission provided for and234
properly addressed if:235
(A)  Sent to the landlord, to an address specified under Code Section 44-7A-108; and236
(B)  Sent to the tenant, to an address specified under Code Section 44-7A-109; or237
(C)  No address is specified, to an address reasonable under the circumstances.238
(c)  Except as otherwise provided in subsection (b) of this Code section, a person gives239
notice of a fact to another person by taking steps reasonably calculated to inform the other240
person, whether or not the other person learns of the fact.241
(d)  In this chapter, a person receives notice of a fact when:242
(1) The fact comes to the person's attention; or243
(2)  If notice in a record is required, the notice is:244
(A)  Personally delivered under paragraph (1) of subsection (b) of this Code section; or245 23 LC 50 0457ER
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(B)  Sent or delivered under paragraph (2) or (3) of subsection (b) of this Code section.246
44-7A-108.247
(a)  Before accepting an application fee, the prospective landlord shall disclose to the248
prospective tenant in a record the criteria the landlord uses to determine the landlord's249
willingness to enter into a lease with a tenant.250
(b)  Before accepting funds to be applied to a security deposit, prepaid rent, or fees other251
than an application fee, or before entering into a lease, a prospective landlord shall disclose252
to the prospective tenant in a record the following:253
(1)  Any condition of the premises which the landlord knows or on a reasonable254
inspection of the premises should have known would constitute a noncompliance under255
Code Section 44-7A-302 and would materially interfere with the health or safety of the256
tenant or immediate family member or would materially interfere with the use and257
enjoyment of the premises by the tenant or immediate family member;258
(2)  Whether, to the knowledge of the landlord, a foreclosure action or nonjudicial259
foreclosure proceeding has been commenced against the premises;260
(3)  If rent is prepaid, the month or other period of the lease to which the rent is to be261
applied; and262
(4)  The rules affecting the tenant's use and enjoyment of the premises, whether adopted263
by the landlord or another person.264
(c)  At or before commencement of the term of a lease, the landlord shall give the tenant265
notice in a record specifying:266
(1)  The name of:267
(A)  The landlord;268
(B)  Any person authorized to manage the premises;269
(C)  The owner of the premises;270
(D)  Any person authorized to act for the owner for service of process; and271 23 LC 50 0457ER
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(E)  Any person authorized to receive a notice or demand for the owner;272
(2)  The mailing address and any address to be used for the receipt of electronic273
communications by the landlord or any person designated by the landlord to which a274
notice or demand must be sent; and275
(3)  The address to, or the method by, which the tenant must deliver rent.276
(d)  A landlord shall keep current the information required by subsection (c) of this Code277
section.278
(e)  If the premises were in foreclosure before a landlord and tenant entered into a lease and279
the disclosure required by paragraph (2) of subsection (b) of this Code section was not280
made, the tenant may recover actual damages resulting from the foreclosure.281
44-7A-109.282
(a)  At or before commencement of the term of a lease, the tenant shall give the landlord283
notice in a record specifying the tenant's mailing address and any address to be used for the284
receipt of electronic communications by the tenant.285
(b)  At the request of a landlord, the tenant shall designate a contact person to act for the286
tenant on the tenant's death, by giving the landlord a record specifying the name and, if287
known, the mailing address, any address to be used for the receipt of electronic288
communications, and the telephone number of the contact person.  In the absence of a289
request by the landlord, the tenant may designate a contact person in the same manner.290
(c)  A tenant shall keep current the information required by subsections (a) and (b) of this291
Code section.292
(d)  On termination of the lease, the tenant shall provide the landlord a forwarding address293
to which the landlord must send the tenant's security deposit and unearned rent, or other294
communications.295 23 LC 50 0457ER
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44-7A-110.296
Unless displaced by the particular provisions of this chapter, the principles of law and297
equity supplement this chapter.298
ARTICLE 2299
44-7A-201.300
(a)  A lease may include terms and conditions not prohibited by this chapter or law other301
than this chapter.302
(b)  Unless a lease or law other than this chapter otherwise provides:303
(1)  The tenant shall pay rent for the dwelling unit for the term of the lease in an amount304
comparable to the rent paid for other dwelling units of similar size and condition in the305
same or a comparable location, determined at the commencement of the term;306
(2)  Rent shall be:307
(A)  Payable without demand or notice:308
(i)  At the address or place the landlord designates under paragraph (3) of subsection309
(c) of Code Section 44-7A-108 or, if no designation is made, at the landlord's place310
of business at the time the lease was made; and311
(ii)  On the first day of each month or at the beginning of the term if the term is less312
than one month; and313
(B)  Uniformly apportioned from day to day; and314
(3)  A rental period is on a monthly basis beginning with the first day of the month for315
a tenancy for a fixed term of more than one month or a periodic tenancy of month to316
month and, for all other tenancies, the rental period begins on the first day rent is paid.317
(c)  Except as otherwise provided in Section 44-7A-202, unless the lease creates a tenancy318
for a fixed term, the tenancy is a periodic tenancy for week to week if the tenant pays rent319
weekly and otherwise is a periodic tenancy for month to month.320 23 LC 50 0457ER
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(d)  A landlord shall provide the tenant a copy of any lease that is signed by them or, if the321
lease is enforceable under Code Section 44-7A-202, signed by either of them.322
(e)  If a landlord willfully fails to comply with subsection (d) of this Code section, the323
tenant may recover actual damages or one month's periodic rent, whichever is greater.324
44-7A-202.325
(a)  Subject to subsection (b) of this Code section:326
(1)  If a lease signed by the tenant is delivered to the landlord and the landlord fails to327
sign the lease and return it to the tenant, acceptance of rent by the landlord without a328
reservation of rights gives the lease the same effect as if the lease had been signed by the329
landlord and returned to the tenant; and330
(2)  If a lease signed by the landlord is delivered to the tenant and the tenant fails to sign331
the lease and return it to the landlord, acceptance of possession and payment of rent332
without a reservation of rights gives the lease the same effect as if the lease had been333
signed by the tenant and returned to the landlord.334
(b)  If a lease given effect under subsection (a) of this Code section provides for a tenancy335
for a fixed term longer than one year, the lease is effective for one year.336
(c)  Absent a lease signed by the landlord or tenant which is delivered to the other, if the337
tenant accepts possession and pays rent to the landlord without a reservation of rights and338
the landlord accepts rent from the tenant without a reservation of rights, the tenancy created339
is a periodic tenancy for week to week if the tenant pays rent weekly and in all other cases340
a periodic tenancy for month to month.341
44-7A-203.342
(a)  No lease shall require the tenant to:343
(1)  Unless otherwise permitted by this chapter, waive or forego a right or remedy under344
this chapter;345 23 LC 50 0457ER
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(2)  Authorize a person to confess judgment on a claim arising out of the lease or this346
chapter;347
(3)  Perform a duty imposed on the landlord by Code Section 44-7A-302;348
(4)  Agree to pay attorney's fees and costs of the landlord other than those provided by349
this chapter or law other than this chapter; or350
(5)  Agree to exculpate or limit a liability of the landlord arising under this chapter or law351
other than this chapter or indemnify the landlord for the liability and the costs connected352
with the liability.353
(b)  A provision in a lease prohibited by subsection (a) of this Code section or law other354
than this chapter is unenforceable.  If the landlord seeks to enforce the provision or accepts355
the tenant's voluntary compliance with the provision, the court may award the tenant an356
amount not to exceed three times the periodic rent.357
44-7A-204.358
A lease, assignment, sublease, conveyance, trust deed, or security instrument shall not359
authorize a person to receive rent without assuming the duties imposed on the landlord by360
the lease and Code Section 44-7A-302.361
44-7A-205.362
(a) As used in this Code section, the term 'prevailing party' means a party that:363
(1)  Initiated the enforcement of a right or remedy under a lease or this chapter and364
substantially prevailed on the right or remedy asserted; or365
(2)  Substantially prevailed in defending against a right or remedy asserted by the other366
party.367
(b)  In an action to enforce a right or remedy arising under a lease or this chapter, the court368
shall award the prevailing party costs.  The court may award the prevailing party369
reasonable attorney's fees if the court determines that the other party did not act in good370 23 LC 50 0457ER
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faith, willfully performed an act prohibited by the lease or this chapter, or willfully371
refrained from performing an act required by the lease or this chapter.372
(c) A court may not award a landlord attorney's fees or costs in an uncontested action to373
recover possession of a dwelling unit.374
ARTICLE 3375
44-7A-301.376
A landlord shall deliver physical possession of the dwelling unit to the tenant at the377
commencement of the term of the lease.378
44-7A-302.379
(a)  A landlord has a nonwaivable duty to maintain the premises in a habitable condition,380
including making necessary repairs.  Such duty requires the landlord to ensure that the381
premises:382
(1)  Comply with all obligations imposed on the landlord by any applicable building,383
housing, fire, or health code or law other than this chapter;384
(2)  Have effective waterproofing and weather protection of the roof and exterior walls,385
including windows and doors;386
(3)  Have plumbing facilities that conform to law and are maintained in good working387
order;388
(4)  Have access to a water supply approved under law which can provide hot and cold389
running water;390
(5)  Have adequate ventilation and heating facilities that conform to law and are391
maintained in good working order;392
(6)  Have electrical lighting, with wiring and equipment that conform to law and are393
maintained in good working order;394 23 LC 50 0457ER
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(7)  Have reasonable measures in place to control the presence of rodents, bedbugs, and395
other vermin and to prevent exposure to unsafe levels of radon, lead paint, asbestos, toxic396
mold, and other hazardous substances;397
(8)  To the extent the premises include a common area or other areas under the landlord's398
control, have reasonable measures in place to make the area:399
(A)  Clean and sanitary;400
(B)  Safe for normal and reasonably foreseeable use consistent with the lease and in401
good repair; and402
(C)  Reasonably free of debris, filth, rubbish, garbage, and the items listed in paragraph403
(7) of this subsection;404
(9)  Have an adequate number of appropriate receptacles in reasonably clean condition405
if the landlord is obligated to provide trash removal or recycling service by law or an406
agreement in a record signed by the landlord and tenant;407
(10)  Have in good repair floors, doors, windows, walls, ceilings, stairways, and railings;408
(11)  Have in good repair other facilities and appliances supplied or required to be409
supplied by the landlord;410
(12)  Have in good repair locks or other security devices on all exterior doors and on411
windows that open and close, including those of the dwelling unit and other parts of the412
premises; and413
(13)  Have in good working order any safety equipment required by law.414
(b)  A landlord has the duty to ensure the premises have access to essential services, but the415
lease may require an account with a utility provider of an essential service to the dwelling416
unit be in the name of the tenant and the tenant pay the periodic cost for the service.  If the417
service is not provided because the tenant fails to pay for the service, the landlord does not418
fail to comply with this subsection.419 23 LC 50 0457ER
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(c)  If a sublessor is a landlord for purposes of this chapter, the sublessor has the duty to420
comply with subsection (a) of this Code section except for duties that would require the421
sublessor to access parts of the premises beyond the sublessor's control.422
(d)  A landlord and tenant may agree that the tenant is to perform specified repairs,423
maintenance tasks, alterations, or remodeling only if:424
(1)  The agreement is in a record, other than the lease, signed by the parties and supported425
by adequate consideration;426
(2)  The work is not necessary to cure the landlord's noncompliance with paragraph (1)427
of subsection (a) of this Code section; and428
(3)  The agreement does not affect the obligation of the landlord to other tenants on the429
premises.430
(e)  A landlord shall not treat performance of an agreement described in subsection (d) of431
this Code section as a condition to the performance of any obligation under the lease or this432
Code section.433
44-7A-303.434
Except to the extent a landlord and tenant otherwise agree in a signed record, if the435
landlord, in a good faith sale to a bona fide purchaser, conveys premises that include a436
dwelling unit subject to a lease, the following rules apply:437
(1)  Except as otherwise provided in paragraph (2) of this Code section, the landlord is438
relieved of liability under the lease and this chapter as to an event that occurs after the439
later of the conveyance to the purchaser or notice in a record by the landlord to the tenant440
of the conveyance; and441
(2)  Except as otherwise provided in Code Section 44-7A-1205, the landlord remains442
liable to the tenant for the amount of any security deposit and unearned rent.443 23 LC 50 0457ER
H. B. 304
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44-7A-304.444
(a)  Except as otherwise provided in subsection (a) of Code Section 44-7A-305 or as445
required by law other than this chapter, a landlord may enforce a rule of the landlord in446
existence at the time the lease commenced only if the rule was disclosed to the tenant under447
Code Section 44-7A-108.448
(b)  Except as otherwise provided in subsections (c) and (d) of this Code section, after449
commencement of the term of a lease, the landlord may adopt or modify a rule concerning450
the tenant's use and enjoyment of the premises, but the rule or modification shall not take451
effect earlier than 30 days after the landlord gives the tenant notice in a record of the rule452
or modification.453
(c)  In a periodic tenancy for month to month, a rule or modification adopted under454
subsection (b) of this Code section shall not take effect before the expiration of the period455
in paragraph (2) of subsection (b) of Code Section 44-7A-801 during which the tenant or456
landlord could have exercised the right to terminate the tenancy.457
(d)  In a tenancy for a fixed term, if a rule or modification adopted under subsection (b) of458
this Code section substantially modifies the tenant's benefit of the bargain and is not459
required by law other than this chapter, the rule shall not be enforceable against the tenant460
unless the tenant consents in a signed record.461
44-7A-305.462
(a)  If, before the commencement of the term of a lease, the landlord fails to disclose a rule463
adopted by a person other than the landlord which substantially modifies the tenant's464
benefit of the bargain and is not required by law other than this chapter, and the rule is465
enforced against the tenant, the tenant may:466
(1)  Recover actual damages from the landlord; or467 23 LC 50 0457ER
H. B. 304
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(2)  Terminate the lease by giving the landlord notice in a record that the lease will468
terminate on a date specified in the notice which shall be at least 30 days after the notice469
is given.470
(b)  Except as otherwise provided in subsection (c) of this Code section, if, after the471
commencement of the term of a lease, a person other than the landlord adopts or modifies472
a rule that substantially modifies the tenant's benefit of the bargain and is not required by473
law other than this chapter and the rule is enforced against the tenant, the tenant of a474
tenancy for a fixed term may terminate the lease by giving the landlord notice in a record475
that the lease will terminate on a date specified in the notice which shall be at least 30 days476
after the notice is given or, in the case of a periodic tenancy, terminate the tenancy in477
accordance with Code Section 44-7A-801.478
(c)  A tenant shall not terminate a lease under subsection (b) of this Code section if the479
lease provides the dwelling unit is subject to rules of a person other than the landlord and480
the person may modify the rules after the commencement of the term of the lease.481
ARTICLE 4482
44-7A-401.483
Except as otherwise provided in Code Section 44-7A-403, if a landlord fails to comply with484
the lease or Code  Section 44-7A-302, the tenant has the remedies under Code Section485
44-7A-402 if the tenant gives the landlord:486
(1)  Notice in a record of the noncompliance; and487
(2)  An opportunity to remedy the noncompliance within the following periods:488
(A)  Subject to subparagraph (B) of this paragraph, not later than 14 days after the489
tenant gave the notice; and490
(B)  If the noncompliance involves failure to provide an essential service or materially491
interferes with the health or safety of the tenant or immediate family member, the492 23 LC 50 0457ER
H. B. 304
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landlord shall remedy the noncompliance as soon as practicable but not later than five493
days after the tenant gave the notice.494
44-7A-402.495
(a)  Except as otherwise provided in Code Section 44-7A-403, if a landlord's496
noncompliance with the lease or Code Section 44-7A-302 results in the tenant not receiving497
an essential service, materially interferes with the health or safety of the tenant or498
immediate family member, or materially interferes with the use and enjoyment of the499
premises by the tenant or immediate family member and the noncompliance is not500
remedied during the applicable period specified in Code Section 44-7A-401, the tenant501
may:502
(1)  Terminate the lease, as provided in Code Section 44-7A-404; or503
(2)  Continue the lease and elect one or more of the following remedies:504
(A)  Subject to Code Section 44-7A-408, withhold rent for the period of noncompliance505
beginning on the date the tenant gave notice under Code Section 44-7A-401;506
(B)  Recover actual damages;507
(C)  Obtain injunctive relief, specific performance, or other equitable relief;508
(D)  Make repairs and deduct the cost from the rent, as provided in Code Section509
44-7A-406; or510
(E)  Secure an essential service the landlord is obligated to provide or comparable511
substitute housing during the period of noncompliance, as provided in Code Section512
44-7A-407.513
(b)  If a landlord's noncompliance with the lease or Code Section 44-7A-302 does not514
materially interfere with the health or safety of the tenant or immediate family member or515
the use and enjoyment of the premises by the tenant or immediate family member, the516
tenant may elect one or more of the remedies provided in subparagraphs (a)(2)(B),517
(a)(2)(C), and (a)(2)(D) of this Code section.518 23 LC 50 0457ER
H. B. 304
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(c)  A tenant is not entitled to a remedy under this Code section to the extent:519
(1)  The landlord's noncompliance was caused by an act or omission of the tenant,520
immediate family member, or guest; or521
(2)  The tenant, immediate family member, or guest prevented the landlord from having522
access to the dwelling unit to remedy the act or omission described in the notice under523
Code Section 44-7A-401.524
44-7A-403.525
(a)  If a dwelling unit or other part of the premises is substantially damaged or destroyed526
by a fire, other casualty, or natural disaster and:527
(1)  The unit or other part of the premises is uninhabitable or inaccessible or continued528
occupancy of the unit is unlawful, the tenant may vacate the unit immediately and, not529
later than 14 days after vacating the unit, give the landlord notice in a record of the530
tenant's intent to terminate the lease, in which case the lease terminates as of the date the531
tenant vacates the unit; or532
(2)  If continued occupancy of the unit is lawful, subject to the landlord's right to533
terminate the lease under subsection (b) of this Code section, the tenant, after complying534
with Code Section 44-7A-401, may continue the lease and seek the remedies provided535
in subparagraphs (a)(2)(A), (a)(2)(B), (a)(2)(C), and (a)(2)(D) of Code Section536
44-7A-402.537
(b)  If a dwelling unit or other part of the premises is substantially damaged by a fire, other538
casualty, or natural disaster and continued occupancy of the unit is unlawful or dangerous539
or requires repairs that can be made only if the tenant vacates the unit, the landlord may540
terminate the lease by giving the tenant notice in a record that the lease will terminate on541
a specified date, which shall be at least five days after the notice is given.542
(c)  If a landlord's noncompliance with the lease or Code Section 44-7A-302 materially543
interferes with the health or safety of a tenant or immediate family member or the use and544 23 LC 50 0457ER
H. B. 304
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enjoyment of the premises by the tenant or immediate family member and it is impossible545
for the landlord to remedy the noncompliance within the applicable period specified in546
Code Section 44-7A-401, the tenant may terminate the lease as provided in subsection (b)547
of Code Section 44-7A-404 or, subject to subsection (d) of this Code section, continue the548
lease and recover actual damages limited to diminution in the value of the dwelling unit.549
(d)  If a landlord's noncompliance with the lease or Code Section 44-7A-302 materially550
interferes with the health or safety of a tenant or immediate family member or the use and551
enjoyment of the premises by the tenant or immediate family member and it is impossible552
for the landlord to remedy the noncompliance not later than 30 days after receiving the553
notice under Code Section 44-7A-401, the landlord may terminate the lease by giving the554
tenant notice in a record that the lease will terminate on a specified date, which shall be at555
least 30 days after the landlord gives the notice.  The landlord shall not rent the unit for 90556
days after termination of the lease.557
(e)  If a lease is terminated under this Code section, the landlord shall return any security558
deposit and unearned rent to which the tenant is entitled under Code Section 44-7A-1204.559
(f)  This Code section shall not preclude:560
(1)  A landlord from seeking actual damages from the tenant under law other than this561
chapter for damage to the premises caused by an act or omission of the tenant, immediate562
family member, or guest; or563
(2)  A tenant from seeking actual damages from the landlord under law other than this564
chapter if the fire or other casualty was caused by an act or omission of the landlord or565
landlord's agent.566
44-7A-404.567
(a)  If a landlord's noncompliance with the lease or Code Section 44-7A-302 materially568
interferes with the health or safety of the tenant or immediate family member and the569
noncompliance is not remedied within the period specified in subparagraph (B) of570 23 LC 50 0457ER
H. B. 304
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paragraph (2) of Code Section 44-7A-401, the tenant may terminate the lease by giving the571
landlord notice in a record of the tenant's intent to terminate the lease immediately or on572
a specified date, which is not later than 30 days after the date of the notice.573
(b)  If a landlord's noncompliance with the lease or Code Section 44-7A-302 materially574
interferes with the use and enjoyment of the premises unrelated to the health or safety of575
the tenant or immediate family member and the noncompliance is not remedied within the576
period specified in subparagraph (A) of paragraph (2) of Code Section 44-7A-401, the577
tenant may terminate the lease by giving the landlord notice in a record of the tenant's578
intent to terminate the lease on a specified date, which shall be at least 14 days after the579
expiration of the period allowed under Code Section 44-7A-401 for the remedy of the580
noncompliance.581
(c)  In addition to terminating a lease as provided in subsection (a) or (b) of this Code582
section, the tenant may recover actual damages.583
(d)  If a tenant terminates a lease under this Code section, the landlord shall return any584
security deposit and unearned rent to which the tenant is entitled under Code Section585
44-7A-1204.586
44-7A-405.587
(a)  Except as otherwise provided in subsection (d) of this Code section, if a landlord does588
not deliver physical possession of the dwelling unit to the tenant under Code Section589
44-7A-301, the tenant is not required to pay rent until possession is delivered and may:590
(1)  Terminate the lease by giving notice in a record to the landlord at any time before the591
landlord delivers possession of the unit to the tenant; or592
(2)  Demand performance of the lease by the landlord and:593
(A)  Recover actual damages and obtain possession of the unit from the landlord; or594
(B)  Obtain possession of the unit from any person wrongfully in possession by any595
lawful means the landlord could have used.596 23 LC 50 0457ER
H. B. 304
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(b)  If a tenant terminates the lease under paragraph (1) of subsection (a) of this Code597
section, the landlord shall return any amounts received from the tenant before the598
commencement of the term of the lease.599
(c)  In addition to the rights of a tenant under subsections (a) and (b) of this Code section,600
if a landlord's failure to deliver possession to the tenant under Code Section 44-7A-301 is601
willful, the tenant may recover three times the periodic rent or three times the actual602
damages, whichever is greater.603
(d)  If a tenant seeks possession under subparagraph (a)(2)(B) of this Code section, the604
tenant is liable to the landlord for rent and may recover from the person wrongfully in605
possession the damages provided in Code Section 44-7A-802.606
44-7A-406.607
(a)  Subject to subsection (d) of this Code section, if a landlord fails to comply with the608
lease or Code Section 44-7A-302, the tenant may give notice to the landlord under Code609
Section 44-7A-401 specifying the noncompliance.  If the landlord fails to remedy the610
noncompliance within the applicable period specified in Code Section 44-7A-401 and the611
reasonable cost to remedy the noncompliance does not exceed one month's periodic rent,612
the tenant may make repairs to remedy the noncompliance at the landlord's expense.613
(b)  A tenant that makes repairs under subsection (a) of this Code section is entitled to614
recover the actual and reasonable cost incurred or the reasonable value of the work615
performed to remedy the noncompliance, not exceeding one month's periodic rent.  Unless616
the tenant has been reimbursed by the landlord, the tenant may deduct the cost or value617
from rent after submitting to the landlord an itemized statement, accompanied by receipts618
for purchased items and services.619
(c)  A repair under subsection (a) of this Code section shall be made in a professional620
manner and in compliance with applicable law.621 23 LC 50 0457ER
H. B. 304
- 26 -
(d)  A tenant shall not repair a noncompliance at the landlord's expense under subsection622
(a) of this Code section to the extent:623
(1)  The noncompliance was caused by an act or omission of the tenant, immediate family624
member, or guest; or625
(2)  The landlord was unable to remedy the noncompliance within the applicable period626
specified in Code Section 44-7A-401 because the tenant, immediate family member, or627
guest denied the landlord access to the dwelling unit.628
(e)  A tenant's use of the remedy under this Code section is limited to one month's periodic629
rent during any 12 month period.630
44-7A-407.631
(a)  Except as otherwise provided in Code Section 44-7A-403, if a tenant fails to receive632
an essential service the landlord has a duty to provide under subsection (b) of Code Section633
44-7A-302, the tenant may give notice to the landlord under Code Section 44-7A-401634
specifying the failure.  If the landlord fails to provide the essential service within the635
applicable period specified in Code Section 44-7A-401, the tenant may:636
(1)  Take appropriate measures to secure the essential service during the period of the637
landlord's noncompliance and deduct the actual and reasonable cost from the rent; or638
(2)  Procure comparable substitute housing at the landlord's expense during the period of639
the noncompliance and recover actual damages.640
(b)  This Code section shall not apply if the tenant's failure to receive the essential service641
was caused by an act or omission of the tenant, immediate family member, or guest.642
44-7A-408.643
(a)  If a landlord fails to comply with the lease or Code Section 44-7A-302 and the tenant644
has complied with Code Section 44-7A-401, the tenant may defend an action by the645
landlord based on nonpayment of rent on the ground that no rent was due because of the646 23 LC 50 0457ER
H. B. 304
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noncompliance and counterclaim for any amount the tenant may recover under the lease647
or this chapter.648
(b)  If a tenant is in possession of the dwelling unit when the landlord files an action based649
on nonpayment of rent, either party may seek a court order directing the tenant to pay all650
or part of the unpaid rent and all additional rent as it accrues into an escrow account with651
the court or a bank or other entity authorized by the court to hold funds in escrow.652
(c)  If rent has been paid into escrow under this Code section and the court determines the653
landlord fully complied with the lease and Code Section 44-7A-302, the court shall order654
the immediate release to the landlord of rent held in escrow and enter judgment for any655
remaining rent owed.656
(d)  If rent has been paid into escrow under this Code section and the court determines that657
the landlord's noncompliance with the lease or Code Section 44-7A-302 materially658
interferes with the health or safety of a tenant or an immediate family member or the use659
and enjoyment of the premises by the tenant or an immediate family member, the court660
may order one or more of the following:661
(1)  Release to the landlord of all or part of the rent held in escrow to be used only to662
bring the premises into compliance with the lease or Code Section 44-7A-302;663
(2)  Return to the tenant of all or part of the rent held in escrow in compensation for:664
(A)  A repair made by the tenant in compliance with Code Section 44-7A-406; or665
(B)  Actual damages;666
(3)  The tenant's continued payment of rent into escrow as rent becomes due or abatement667
of future rent until the landlord brings the premises into compliance with the lease or668
Code Section 44-7A-302; and669
(4)  Payment to the landlord of any rent held in escrow not otherwise payable to the670
tenant.671 23 LC 50 0457ER
H. B. 304
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(e)  If rent has not been paid into escrow under this Code section and the court determines672
that the landlord complied with the lease and Code Section 44-7A-302, the court shall673
render judgment for unpaid rent.674
(f)  If rent has not been paid into escrow under this Code section and the court determines675
that the landlord's noncompliance with the lease or Code Section 44-7A-302 materially676
interferes with the health or safety of a tenant or immediate family member or the use and677
enjoyment of the premises by the tenant or an immediate family member, the court shall678
render judgment for unpaid rent less any amount expended by the tenant in compliance679
with Code Section 44-7A-406 to repair the premises and actual damages.680
(g)  In addition to the other remedies provided in this Code section, the court may award681
possession or other appropriate relief if the court determines the tenant:682
(1)  Acted in bad faith in withholding rent; or683
(2)  Failed to comply with an order to pay rent into escrow under subsection (b) of this684
Code section or to pay rent or other amounts owed to the landlord under this Code685
section.686
(h)  The court shall not award possession if the court determines that the tenant withheld687
rent in good faith and the tenant complies with an order to pay unpaid rent into escrow or688
to the landlord under this Code section.689
44-7A-409.690
(a)  If a landlord unlawfully removes or excludes the tenant from the premises or willfully691
interrupts or causes the interruption of an essential service the landlord has the duty to692
provide to the tenant, the tenant may recover three times the periodic rent or three times693
damages, whichever is greater, and:694
(1)  Recover possession; or695
(2)  Terminate the lease by giving the landlord notice in a record of the tenant's intent to696
terminate the lease immediately or on a later specified date.697 23 LC 50 0457ER
H. B. 304
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(b)  If a tenant terminates the lease under paragraph (2) of subsection (a) of this Code698
section, the landlord shall return any security deposit and unearned rent to which the tenant699
is entitled under Code Section 44-7A-1204.700
ARTICLE 5701
44-7A-501.702
(a)  As used in this Code section, the term 'normal wear and tear' means deterioration that703
results from the intended use of a dwelling unit, including breakage or malfunction due to704
age or deteriorated condition.  Such term does not include deterioration that results from705
negligence, carelessness, accident, or abuse of the unit, fixtures, equipment, or other706
tangible personal property by the tenant, immediate family member, or guest.707
(b)  A tenant:708
(1)  Shall comply with the obligations imposed on the tenant by the lease and this chapter;709
(2)  Shall comply with the obligations imposed on a tenant by any building, housing, fire,710
or health code or other law;711
(3)  Except with respect to duties imposed on the landlord by the lease, this chapter, or712
law other than this chapter, shall keep the dwelling unit reasonably safe and sanitary;713
(4)  Shall remove all garbage, rubbish, and other debris from the unit in a clean and safe714
manner;715
(5)  Shall keep all plumbing fixtures in the unit reasonably clean;716
(6)  Shall use in a reasonable manner all electrical, plumbing, heating, ventilating, and717
air-conditioning systems and other facilities and appliances on the premises;718
(7)  Without the landlord's consent, shall not intentionally or negligently:719
(A)  Destroy, deface, damage, impair, remove, or render inoperative any part of the720
premises;721 23 LC 50 0457ER
H. B. 304
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(B)  Destroy, deface, damage, impair, remove, or render inoperative any safety722
equipment on the premises; or723
(C)  Permit an immediate family member or guest to do any of the acts specified in this724
paragraph;725
(8)  Shall not disturb the use and enjoyment of the premises by another tenant or permit726
an immediate family member or guest to do the same;727
(9)  Shall not engage in or permit an immediate family member or guest to engage in728
criminal activity;729
(10)  Shall notify the landlord within a reasonable time of any condition of the premises730
which requires repair by the landlord under the lease or Code Section 44-7A-302;731
(11)  Shall return the dwelling unit to the landlord at the termination of the lease in the732
same condition as it was at the commencement of the term of the lease, with the premises733
free of any damage caused by the tenant, immediate family member, or guest, except for:734
(A)  Normal wear and tear;735
(B)  Damage resulting from a cause beyond the control of the tenant, immediate family736
member, or guest; and737
(C)  Any addition and improvement installed on the premises with the landlord's738
consent; and739
(12)  Unless the landlord and tenant otherwise agree, shall use the dwelling unit only for740
residential purposes.741
ARTICLE 6742
44-7A-601.743
(a)  Except as otherwise provided by law other than this chapter and subject to subsection744
(b) of this Code section:745 23 LC 50 0457ER
H. B. 304
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(1)  A landlord may terminate a lease for nonpayment of rent when the rent is unpaid746
when due by giving the tenant notice in a record stating that if the rent remains unpaid747
14 days after the notice is given, the lease will terminate on expiration of the 14 day748
period or a later specified date; or749
(2)  If there is a material noncompliance with a lease or this chapter by the tenant, other750
than nonpayment of rent, the landlord may give the tenant notice in a record specifying751
the act or omission constituting the noncompliance and stating that if the noncompliance752
is not remedied not later than 14 days after the landlord gives the notice, the lease will753
terminate on a specified date which shall be at least 30 days after the landlord gives the754
notice.755
(b)  A landlord may terminate the lease without giving the tenant an opportunity to remedy756
a noncompliance by giving the tenant the notice described in subsection (c) of this Code757
section if:758
(1)  The tenant failed to pay rent in a timely manner on at least two occasions within the759
four-month period preceding the notice to terminate the lease;760
(2)  The tenant committed substantially the same act or omission for which notice under761
paragraph (2) of subsection (a) of this Code section was given within six months762
preceding the latest noncompliance;763
(3)  The noncompliance by the tenant, immediate family member, or guest poses an764
actual and imminent threat to the health or safety of any individual on the premises or the765
landlord or landlord's agent; or766
(4)  Subject to subsection (e) of this Code section, the tenant, immediate family member,767
or guest has committed a criminal act.768
(c)  Notice in a record terminating a lease under subsection (b) of this Code section shall769
specify the reason for the termination and state that:770 23 LC 50 0457ER
H. B. 304
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(1)  For a termination under paragraph (1) or (2) of subsection (b) of this Code section,771
the lease will terminate on a specified date, which shall be at least 14 days after the772
landlord gave the notice; or773
(2)  For a termination under paragraph (3) or (4) of subsection (b) of this Code section,774
the lease will terminate immediately or on a later specified date.775
(d)  Except as otherwise provided in this chapter, if a tenant fails to comply with Code776
Section 44-7A-501, the landlord may:777
(1)  Obtain injunctive relief or specific performance; or778
(2)  Regardless of whether the lease terminates as a result of the tenant's noncompliance,779
recover actual damages.780
(e)  A landlord shall not terminate a lease under paragraph (4) of subsection (b) of this781
Code section if the criminal act was the act of an immediate family member or guest, and782
the tenant:783
(1)  Neither knew nor should have known the act was going to be committed; and784
(2)  Took reasonable steps to ensure that there will not be a repeated criminal act on the785
premises by the immediate family member or guest.786
44-7A-602.787
(a)  Subject to subsection (b) of this Code section, acceptance by a landlord of rent for two788
or more successive rental periods with knowledge of noncompliance by the tenant with the789
lease or this chapter or acceptance by the landlord of the tenant's performance that varies790
from the terms of the lease or this chapter is a waiver of the landlord's right to terminate791
the lease for the noncompliance, unless the landlord and tenant otherwise agree after the792
noncompliance occurs.793
(b)  This Code section shall not prevent a landlord or tenant from exercising a right under794
Code Section 44-7A-801 to terminate a periodic tenancy.795 23 LC 50 0457ER
H. B. 304
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44-7A-603.796
(a)  Distraint for rent is abolished.797
(b)  A landlord shall not create, perfect, or enforce a lien or security interest on a tenant's798
tangible personal property to secure the tenant's performance under the lease or this799
chapter.  This subsection shall not apply to a lien or security interest created or perfected800
before July 1, 2023.801
44-7A-604.802
(a)  As used in this Code section, the term 'reasonable efforts' means steps a landlord would803
take to rent a dwelling unit if the unit is vacated at the end of a term, including showing the804
unit to a prospective tenant or advertising the availability of the unit.805
(b)  A tenant abandons a dwelling unit if:806
(1)  The tenant delivers possession of the unit to the landlord before the end of the term807
by returning the keys or other means of access or otherwise notifies the landlord the unit808
has been vacated; or809
(2)  Rent that is due was not paid for at least five days and the tenant has:810
(A)  Vacated the unit by removing substantially all of the tenant's personal property811
from the unit and the premises; and812
(B)  Caused the termination of an essential service or otherwise indicated by words or813
conduct that the tenant has no intention to return to the unit.814
(c)  If a tenant abandons the dwelling unit before the end of the term of the lease, the815
landlord may recover possession of the unit without a court order and may:816
(1)  Accept the tenant's abandonment of the unit by notice in a record given to the tenant,817
in which case:818
(A)  The lease terminates on the date of abandonment;819 23 LC 50 0457ER
H. B. 304
- 34 -
(B)  The landlord and tenant are liable to each other under the lease only for a820
noncompliance with the lease or this chapter which occurred before the lease821
terminates; and822
(C)  The landlord shall return any security deposit and unearned rent to which the tenant823
is entitled under Code Section 44-7A-1204; or824
(2)  Treat the abandonment as wrongful.825
(d)  If a landlord treats abandonment of a dwelling unit as wrongful under paragraph (2)826
of subsection (c) of this Code section, the tenant remains liable under the lease and the827
landlord has a duty to mitigate by making reasonable efforts to rent the unit, subject to the828
following rules:829
(1)  The landlord's duty to mitigate does not take priority over the landlord's right to lease830
first any other dwelling unit the landlord has available to lease;831
(2)  If the landlord leases the abandoned unit to another person for a term beginning832
before the expiration of the term of the lease of the abandoning tenant, the lease833
terminates as of the date of the new tenancy and the landlord may recover actual damages834
from the abandoning tenant;835
(3)  If the landlord makes reasonable efforts to lease the abandoning tenant's unit but is836
unable to lease it or is able to lease it only for an amount less than the rent payable by the837
abandoning tenant, the landlord may recover actual damages from the abandoning tenant;838
(4)  If the landlord fails to make reasonable efforts to lease the abandoning tenant's unit,839
the lease terminates as of the date of abandonment, and the landlord and tenant are liable840
to each other under the lease or this chapter only for a noncompliance with the lease or841
this chapter which occurred before the date of abandonment; and842
(5)  After deducting the landlord's actual damages, the landlord shall return any security843
deposit and unearned rent to which the tenant is entitled under Code Section 44-7A-1204.844 23 LC 50 0457ER
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44-7A-605.845
Except as otherwise provided in Code Section 44-7A-604, a landlord:846
(1)  Shall not recover or take possession of a dwelling unit by an act of self-help,847
including willful interruption or causing the willful interruption of an essential service to848
the unit; and849
(2)  May recover possession of a dwelling unit following termination of a lease only850
through an action permitted by law other than this chapter.851
ARTICLE 7852
44-7A-701.853
(a)  Except as otherwise provided in this Code section, a landlord shall not enter a dwelling854
unit unless:855
(1)  Entry is permitted by the lease or the tenant otherwise agrees;856
(2)  Entry is under a court order;857
(3)  The tenant has abandoned the unit under Code Section 44-7A-604; or858
(4)  Permitted by law other than this chapter.859
(b)  A tenant shall not unreasonably withhold consent for the landlord to enter the dwelling860
unit to:861
(1)  Inspect the unit;862
(2)  Make a necessary or agreed-to repair, alteration, or improvement;863
(3)  Supply a necessary or agreed-to service; or864
(4)  Exhibit the unit to a prospective or actual purchaser, mortgagee, tenant, worker, or865
contractor or a public official responsible for enforcing a building, housing, fire, or health866
code or other law.867 23 LC 50 0457ER
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(c)  Except as otherwise provided in subsection (d) or (e) of this Code section, a landlord868
may enter a dwelling unit only at a reasonable time and with the tenant's consent and shall869
give the tenant at least 24 hours' notice of the intent to enter the unit.870
(d)  For routine maintenance or pest control, a landlord may enter the dwelling unit without871
the tenant's consent if the landlord gives the tenant:872
(1)  At least 72 hours' notice of the intent to enter the unit; or873
(2)  A fixed schedule for maintenance or pest control at least 72 hours before the first874
scheduled entry into the unit.875
(e)  In an emergency or when maintenance or repairs are being made at a tenant's request,876
the landlord may enter the dwelling unit without the tenant's consent if the landlord gives877
notice that is reasonable under the circumstances.  If the landlord enters the unit when the878
tenant is not present and notice was not given, the landlord shall leave notice of the entry879
in a conspicuous place in the unit stating the fact of entry, the date and time of entry, and880
the reason for the entry.881
(f)  When notice is given under this Code section before the landlord enters the unit, the882
notice shall state the intended purpose for the entry and the date and a reasonable period883
during which the landlord anticipates making the entry.884
(g)  A landlord shall not abuse the right under this Code section to enter a tenant's dwelling885
unit or use the right to harass the tenant.886
44-7A-702.887
(a)  If a tenant unreasonably refuses to allow the landlord access to the dwelling unit, the888
landlord may recover actual damages or one month's periodic rent, whichever is greater,889
and:890
(1)  The court may compel the tenant to grant the landlord access to the unit; or891
(2)  The landlord may terminate the lease by giving the tenant notice in a record stating892
that if the tenant fails to grant the landlord access to the unit not later than 14 days after893 23 LC 50 0457ER
H. B. 304
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the notice, the lease will terminate on expiration of the 14 day period or on a later894
specified date.895
(b)  If a landlord unlawfully enters a tenant's dwelling unit, lawfully enters but in an896
unreasonable manner, or makes repeated demands to enter that are otherwise lawful but897
have the effect of harassing the tenant, the tenant may recover actual damages or one898
month's periodic rent, whichever is greater, and:899
(1)  Seek injunctive relief to prevent the recurrence of the conduct; or900
(2)  Terminate the lease by giving the landlord notice in a record that the lease will901
terminate immediately or on a later specified date which is not later than 30 days after902
notice is given.903
ARTICLE 8904
44-7A-801.905
(a)  A periodic tenancy continues until the landlord or tenant gives the other the notice906
under subsection (b) of this Code section.907
(b)  Except as otherwise provided in this chapter, a landlord or tenant may terminate a908
periodic tenancy:909
(1)  For week to week, by giving the other at least five days' notice in a record of the910
party's intent to terminate the tenancy on a specified date; and911
(2)  For month to month, by giving the other at least one month's notice in a record of the912
party's intent to terminate the tenancy at the end of the monthly period.913
44-7A-802.914
(a)  Except as otherwise provided in subsection (b) of this Code section and subparagraph915
(a)(2)(B) of Code Section 44-7A-405, if a tenant remains in possession without the916
landlord's consent after expiration of a tenancy for a fixed term or termination of a periodic917 23 LC 50 0457ER
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tenancy, the landlord may bring an action for possession.  If the tenant's holdover is willful,918
the landlord may recover three times the periodic rent or three times the actual damages,919
whichever is greater.920
(b)  Unless a landlord and tenant otherwise agree in a record, if the tenant remains in921
possession with the landlord's consent after expiration of a tenancy for a fixed term, a922
periodic tenancy for month to month arises under the same terms as the expired lease.923
44-7A-803.924
(a)  If a sole tenant under a lease dies before the end of a tenancy for a fixed term or a925
periodic tenancy, the tenant's surviving spouse who resides in the dwelling unit may926
assume the lease by giving the landlord notice in a record not later than 20 days after the927
tenant's death stating the intent of the spouse to assume the lease.  On assuming the lease,928
the spouse becomes the tenant under the lease.929
(b)  Except as otherwise provided in this Code section or law other than this chapter, a930
landlord or tenant representative may terminate the lease of a deceased tenant by giving to931
the other and to a surviving spouse of the tenant who resides in the dwelling unit notice in932
a record.  The notice shall state the lease will terminate on a specified date, which shall be933
at least 30 days after the notice in the case of a tenancy for a fixed term or a specified date934
consistent with subsection (b) of Code Section 44-7A-801 in the case of a periodic tenancy.935
Notice sent to a surviving spouse shall also state that the surviving spouse has 20 days after936
receipt of the notice to assume the lease.  If the spouse assumes the lease, the spouse937
becomes the tenant under the lease.938
(c)  If a deceased tenant is survived by a spouse who resides in the dwelling unit, notice to939
terminate a lease under subsection (b) of this Code section shall not be given before the940
time specified in subsection (a) of this Code section expires.941
(d)  If a landlord is unable to contact a deceased tenant's surviving spouse who resides in942
the dwelling unit or tenant representative for the purpose of terminating the lease under943 23 LC 50 0457ER
H. B. 304
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subsection (b) of this Code section, the landlord may terminate the lease without notice if944
rent that was due was not paid for at least 25 days.945
ARTICLE 9946
44-7A-901.947
(a)  A landlord shall not engage in conduct described in subsection (b) of this Code section948
if the landlord's purpose is to retaliate against a tenant that:949
(1)  Complained to a governmental agency responsible for enforcement of a building,950
housing, fire, or health code or other law, alleging a violation applicable to the premises951
materially affecting the health or safety of the tenant or immediate family member;952
(2)  Complained to a governmental agency responsible for enforcement of laws953
prohibiting discrimination in rental housing;954
(3)  Complained to the landlord of noncompliance with the lease or Code Section955
44-7A-302;956
(4)  Organized or became a member of a tenant's union or similar organization;957
(5)  Exercised or attempted to exercise a right or remedy under the lease, this chapter, or958
law other than this chapter; or959
(6)  Pursued an action or administrative remedy against the landlord or testified  against960
the landlord in court or an administrative proceeding.961
(b)  Conduct that may be retaliatory under subsection (a) of this Code section includes962
doing or threatening to do any of the following:963
(1)  Increasing the rent or fees;964
(2)  Decreasing services, increasing the tenant's obligations, imposing different rules on,965
or selectively enforcing the landlord's rules against, the tenant or immediate family966
member, or otherwise materially altering the terms of the lease;967
(3)  Bringing an action for possession on a ground other than nonpayment of rent;968 23 LC 50 0457ER
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(4)  Refusing to renew a tenancy for a fixed term under a lease containing a renewal969
option that is exercisable by the tenant without negotiation with the landlord, for any970
period after the lease would otherwise terminate;971
(5)  Terminating a periodic tenancy; or972
(6)  Committing a criminal act against the tenant, immediate family member, or guest.973
(c)  A landlord is not liable for retaliation under subsection (a) of this Code section if:974
(1)  The violation of which the tenant complained under paragraph (1) or (2) of975
subsection (a) of this Code section was caused primarily by the tenant, immediate family976
member, or guest;977
(2)  The tenant's conduct described in subsection (a) of this Code section was in an978
unreasonable manner or at an unreasonable time or was repeated in a manner harassing979
the landlord;980
(3)  The tenant was in default in the payment of rent at the time notice of the action981
described in paragraph (3) of subsection (b) of this Code section was sent;982
(4)  The tenant, immediate family member, or guest engaged in conduct that threatened983
the health or safety of another tenant on the premises;984
(5)  The tenant, immediate family member, or guest engaged in a criminal act;985
(6)  The landlord is seeking to recover possession based on a notice to terminate the lease986
and the notice was given to the tenant before the tenant engaged in conduct described in987
subsection (a) of this Code section; or988
(7)  The landlord is complying or complied with a building, housing, fire, or health code989
or other law by making a required repair, alteration, remodeling, or demolition that990
effectively deprives the tenant of the use and enjoyment of the premises.991 23 LC 50 0457ER
H. B. 304
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44-7A-902.992
(a)  If a landlord's purpose for engaging in conduct described in subsection (b) of Code993
Section 44-7A-901 is to retaliate against the tenant for conduct described in subsection (a)994
of Code Section 44-7A-901:995
(1)  The tenant has a defense against an action for possession, may recover possession,996
or may terminate the lease; and997
(2)  The tenant may recover three times the periodic rent or three times the actual998
damages, whichever is greater.999
(b)  If a tenant terminates a lease under subsection (a) of this Code section, the landlord1000
shall return any security deposit and unearned rent to which the tenant is entitled under1001
Code Section 44-7A-1204.1002
(c)  A tenant's exercise of a right under this Code section shall not release the landlord from1003
liability under Code Section 44-7A-402.1004
44-7A-903.1005
(a)  Except as otherwise provided in subsection (b) of this Code section, evidence that a1006
tenant engaged in conduct described in subsection (a) of Code Section 44-7A-901 within1007
six months before the landlord's alleged retaliatory conduct creates a rebuttable1008
presumption that the purpose of the landlord's conduct was retaliation.1009
(b)  A presumption does not arise under subsection (a) of this Code section if the tenant1010
engaged in conduct described in subsection (a) of Code Section 44-7A-901 after the1011
landlord gave the tenant notice of the landlord's intent to engage in conduct described in1012
paragraphs (1) through (5) of subsection (b) of Code Section 44-7A-901.1013
(c)  A landlord may rebut a presumption under subsection (a) of this Code section by a1014
preponderance of evidence showing that the landlord had sufficient justification for1015
engaging in the conduct that created the presumption and would have engaged in the1016 23 LC 50 0457ER
H. B. 304
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conduct in the same manner and at the same time whether or not the tenant engaged in1017
conduct described in subsection (a) of Code Section 44-7A-901.1018
44-7A-904.1019
If a tenant engages in conduct described in paragraph (1) or (5) of subsection (a) of Code1020
Section 44-7A-901 knowing there is no factual or legal basis for the conduct, the landlord1021
may recover actual damages and the court may award the landlord up to three times the1022
periodic rent.1023
ARTICLE 101024
44-7A-1001.1025
(a)  For purposes of this article, possession of a dwelling unit is relinquished to the landlord1026
when:1027
(1)  The tenant vacates the unit at the termination of the tenancy; or1028
(2)  The tenant abandons the unit under Code Section 44-7A-604.1029
(b)  If personal property remains on the premises after possession of a dwelling unit is1030
relinquished to the landlord and the landlord and tenant do not agree otherwise at the time1031
of relinquishment, the landlord shall:1032
(1)  Subject to subsection (c) of this Code section, give the tenant notice in a record of the1033
tenant's right to retrieve the property; and1034
(2)  Leave the property in the unit or store the property on the premises or in another1035
place of safekeeping and exercise reasonable care in moving or storing the property.1036
(c)  The notice required by paragraph (1) of subsection (b) of this Code section shall be1037
posted at the dwelling unit and:1038 23 LC 50 0457ER
H. B. 304
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(1)  Sent to any forwarding address the tenant provided to the landlord or an address1039
provided under Code Section 44-7A-109 or, if no address is provided, to the address of1040
the unit;1041
(2)  Inform the tenant of the right to contact the landlord to claim the property within the1042
period specified in subsection (d) of this Code section, subject to payment of the1043
landlord's inventorying, moving, and storage costs; and1044
(3)  Provide a telephone number, email address, or mailing address at which the landlord1045
may be contacted.1046
(d)  If a tenant contacts the landlord to claim personal property not later than eight days1047
after the landlord gives notice under paragraph (1) of subsection (b) of this Code section,1048
the landlord shall permit the tenant to retrieve personal property not later than five days1049
after the date of contact or within a longer period to which the parties agree.1050
(e)  A landlord may require the tenant to pay reasonable inventorying, moving, and storage1051
costs before retrieving personal property under subsection (d) of this Code section.1052
(f)  This Code section shall not prohibit a landlord from immediately disposing of1053
perishable food, hazardous material, garbage, and trash or transferring an animal to an1054
animal control officer, humane society, or other person willing to care for the animal.1055
(g)  Unless a landlord and tenant otherwise agree, if the tenant fails to contact the landlord1056
or retrieve personal property as provided in subsection (d) of this Code section, the1057
property is deemed abandoned and:1058
(1)  If a sale is economically feasible, the landlord shall sell the property and, after1059
deducting the reasonable cost of inventorying, moving, storing, and disposing of the1060
property, shall treat the proceeds as part of the tenant's security deposit; or1061
(2)  If a sale is not economically feasible, the landlord may dispose of the property in any1062
manner the landlord considers appropriate.1063
(h)  A landlord that complies with this Code section is not liable to the tenant or another1064
person for a claim arising from removal of personal property from the premises.1065 23 LC 50 0457ER
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(i)  A landlord that recovers possession of a dwelling unit under a court order is not1066
required to comply with this Code section.  If a landlord that recovers possession under a1067
court order complies with this Code section, such landlord is not liable to the tenant or1068
another person for a claim arising from removal of personal property from the premises.1069
44-7A-1002.1070
(a)  If a landlord knows that a tenant who was the sole occupant of the dwelling unit has1071
died, the landlord:1072
(1)  Shall notify a tenant representative of the death;1073
(2)  Shall give the representative access to the premises at a reasonable time to remove1074
any personal property from the unit and other personal property of the tenant elsewhere1075
on the premises;1076
(3)  May require the representative to prepare and sign an inventory of the property being1077
removed; and1078
(4)  Shall pay the representative the deceased tenant's security deposit and unearned rent1079
to which the tenant otherwise would have been entitled under Code Section 44-7A-1204.1080
(b)  A contact person or heir accepts appointment as a tenant representative by exercising1081
authority under this chapter or other assertion or conduct indicating acceptance.1082
(c)  The authority of a contact person or heir to act under this chapter terminates when the1083
person, heir, or landlord knows that a personal representative has been appointed for the1084
deceased tenant's estate.1085
(d)  A landlord that complies with this Code section is not liable to the tenant's estate or1086
another person for unearned rent, a security deposit, or a claim arising from removal of1087
personal property from the premises.1088
(e)  A landlord that willfully violates subsection (a) of this Code section is liable to the1089
estate of the deceased tenant for actual damages.1090 23 LC 50 0457ER
H. B. 304
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(f)  In addition to the rights provided in this Code section, a tenant representative has the1091
deceased tenant's rights and responsibilities under Code Section 44-7A-1001.1092
44-7A-1003.1093
(a)  If a landlord knows of the death of a tenant who, at the time of death, was the sole1094
occupant of the dwelling unit, and the landlord terminates the lease under subsection (d)1095
of Code Section 44-7A-803 because the landlord is unable to contact a tenant1096
representative, the landlord:1097
(1)  Shall mail notice to the tenant at the tenant's last known address or other address of1098
the tenant known to the landlord and to any person the tenant has told the landlord to1099
contact in the case of an emergency stating:1100
(A)  The name of the tenant and address of the dwelling unit;1101
(B)  The approximate date of the tenant's death;1102
(C)  That, if the personal property on the premises is not claimed within 60 days after1103
the notice was sent, the property is subject to disposal by the landlord; and1104
(D)  The landlord's name, telephone number, and mail or email address at which the1105
landlord may be contacted to claim the property; and1106
(2)  With the exercise of reasonable care, may leave the property in the dwelling unit or1107
inventory the property and store it on the premises or in another place of safekeeping.1108
(b)  If a tenant representative is subsequently identified, the representative may retrieve the1109
deceased tenant's personal property from the landlord not later than 60 days after the notice1110
under subsection (a) of this Code section.  The landlord may require the representative to1111
pay the reasonable inventorying, moving, and storage costs before retrieving the property.1112
(c)  If a deceased tenant's personal property is not retrieved within the time specified in1113
subsection (b) of this Code section, the landlord may dispose of the property in compliance1114
with subsection (g) of Code Section 44-7A-1001.1115 23 LC 50 0457ER
H. B. 304
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(d) A landlord that complies with this Code section is not liable to the tenant's estate or1116
another person for a claim arising from removal of personal property from the premises.1117
ARTICLE 111118
44-7A-1101.1119
As used in this article, the term:1120
(1)  'Attesting third party' means a law enforcement official, licensed healthcare1121
professional, victim advocate, or victim services provider.1122
(2)  'Dating violence' means dating violence as defined in Code Section 19-13A-1.1123
(3)  'Family violence' means family violence as defined in Code Section 19-13-1.1124
(4)  'Perpetrator' means an individual who commits an act of family violence, dating1125
violence, stalking, or sexual assault on a tenant or immediate family member.1126
(5)  'Sexual assault' means the offense of sexual assault as defined in Code Section1127
24-4-413.1128
(6)  'Stalking' means any act of stalking prohibited by Article 7 of Chapter 5 of Title 16.1129
(7)  'Victim advocate' means an individual, whether paid or serving as a volunteer, who1130
provides services to victims of family violence, dating violence, stalking, or sexual1131
assault under the auspices or supervision of a victim services provider, court, or law1132
enforcement or prosecution agency.1133
(8)  'Victim services provider' means a person that assists victims of family violence,1134
dating violence, stalking, or sexual assault.  Such term includes a rape crisis center,1135
family violence shelter, or faith based organization or other organization with a history1136
of work concerning family violence, dating violence, stalking, or sexual assault.1137 23 LC 50 0457ER
H. B. 304
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44-7A-1102.1138
(a)  Subject to subsection (e) of this Code section, if a victim of an act of family violence,1139
dating violence, stalking, or sexual assault is a tenant or immediate family member and has1140
a reasonable fear of suffering psychological harm or a further act of family violence, dating1141
violence, stalking, or sexual assault if the victim continues to reside in the dwelling unit,1142
the tenant, without the necessity of the landlord's consent, is released from the lease if the1143
tenant gives the landlord a notice that complies with subsection (b) of this Code section1144
and:1145
(1)  A copy of a court order that restrains a perpetrator from contact with the tenant or1146
immediate family member;1147
(2)  Evidence of the conviction or adjudication of a perpetrator for an act of family1148
violence, dating violence, stalking, or sexual assault against the tenant or immediate1149
family member; or1150
(3)  A verification that complies with Code Section 44-7A-1104.1151
(b)  To be released from a lease under subsection (a) of this Code section, the tenant shall1152
give the landlord notice in a record which:1153
(1)  States the tenant's intent to be released from the lease on a date which shall be at least1154
30 days from the date of the notice or, if the perpetrator is a cotenant of the dwelling unit,1155
an earlier date;1156
(2)  States facts giving rise to the fear of psychological harm or suffering a further act of1157
family violence, dating violence, stalking, or sexual assault if the victim continues to1158
reside in the unit; and1159
(3)  Is given to the landlord:1160
(A)  Not later than 90 days after an act of family violence, dating violence, stalking, or1161
sexual assault against the tenant or immediate family member;1162 23 LC 50 0457ER
H. B. 304
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(B)  When a court order exists that restrains a perpetrator from contact with the tenant1163
or immediate family member because of an act of family violence, dating violence,1164
stalking, or sexual assault; or1165
(C)  If the perpetrator was incarcerated, not later than 90 days after the tenant acquired1166
knowledge that the perpetrator is no longer incarcerated.1167
(c)  If there is only one individual tenant of the dwelling unit:1168
(1)  A release under subsection (a) of this Code section terminates the lease on the date1169
specified in the notice under subsection (b) of this Code section if the tenant vacates the1170
dwelling unit on or before that date; and1171
(2)  The tenant is not liable for rent accruing after the lease terminates or other actual1172
damages resulting from termination of the lease, but the tenant remains liable to the1173
landlord for rent and other amounts owed to the landlord before termination of the lease.1174
(d)  If there are multiple individual tenants of the dwelling unit:1175
(1)  The tenant who gave notice under subsection (b) of this Code section is released from1176
the lease as of the date specified in the notice if the tenant vacates the dwelling unit on1177
or before the specified date, but the release of one tenant under this Code section does not1178
terminate the lease with respect to other tenants;1179
(2)  The tenant released from the lease is not liable to the landlord or any other person for1180
rent accruing after the tenant's release or actual damages resulting from the tenant's1181
release;1182
(3)  Any other tenant under the lease may recover from the perpetrator actual damages1183
resulting from the termination; and1184
(4)  The landlord is not required to return to the tenant released from the lease or a1185
remaining tenant any security deposit or unearned rent to which the tenant is otherwise1186
entitled under Code Section 44-7A-1204 until the lease terminates with respect to all1187
tenants.1188 23 LC 50 0457ER
H. B. 304
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(e)  This Code section does not apply if a tenant seeking the release from the lease is a1189
perpetrator.1190
44-7A-1103.1191
If a tenant is released from a lease under Code Section 44-7A-1102, the landlord:1192
(1)  Except as otherwise provided in paragraph (4) of subsection (d) of Code Section1193
44-7A-1102, shall return any security deposit and unearned rent to which the tenant is1194
entitled under Code Section 44-7A-1204 after the tenant vacates the dwelling unit;1195
(2) Shall not assess a fee or penalty against the tenant for exercising a right granted under1196
Section Code 44-7A-1102; and1197
(3) Shall not disclose information required to be reported to the landlord under Code1198
Section 44-7A-1102 unless:1199
(A)  The tenant provides specific, time limited, and contemporaneous consent to the1200
disclosure in a record signed by the tenant; or1201
(B)  The information is required to be disclosed by a court order or law other than this1202
chapter.1203
44-7A-1104.1204
(a)  A verification given by a tenant under paragraph (3) of subsection (a) of Section1205
44-7A-1102 shall be under oath and include the following:1206
(1)  From the tenant:1207
(A)  The tenant's name and the address of the dwelling unit;1208
(B)  The approximate dates on which an act of family violence, dating violence,1209
stalking, or sexual assault occurred;1210
(C)  The approximate date of the most recent act of family violence, dating violence,1211
stalking, or sexual assault;1212 23 LC 50 0457ER
H. B. 304
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(D)  A statement that because of an act of family violence, dating violence, stalking, or1213
sexual assault, the tenant or immediate family member has a reasonable fear that the1214
tenant or family member will suffer psychological harm or a further act of family1215
violence, dating violence, stalking, or sexual assault if the tenant or family member1216
continues to reside in the unit; and1217
(E)  A statement that the representations in the verification are true and accurate to the1218
best of the tenant's knowledge and the tenant understands that the verification could be1219
used as evidence in court; and1220
(2)  From an attesting third party:1221
(A)  The name, business address, and business telephone number of the party;1222
(B)  The capacity in which the party received the information regarding the act of1223
family violence, dating violence, stalking, or sexual assault;1224
(C)  A statement that the party has read the tenant's verification and been advised by the1225
tenant that the tenant or immediate family member is the victim of an act of family1226
violence, dating violence, stalking, or sexual assault and has a reasonable fear that the1227
tenant or family member will suffer psychological harm or a further act of family1228
violence, dating violence, stalking, or sexual assault if the tenant or family member1229
continues to reside in the dwelling unit; and1230
(D)  A statement that the party, based on the tenant's verification, believes the tenant1231
and understands that the verification may be used as the ground for releasing the tenant1232
from a lease or terminating the tenant's interest under the lease.1233
(b)  If a verification given to a landlord by a tenant under paragraph (3) of subsection (a)1234
of Code Section 44-7A-1102 contains a representation of a material fact known by the1235
tenant to be false, the landlord may recover an amount not to exceed three times the1236
periodic rent or three times actual damages, whichever is greater.1237 23 LC 50 0457ER
H. B. 304
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44-7A-1105.1238
(a)  A landlord may recover from a perpetrator actual damages resulting from a tenant's1239
exercise of a right under Code Section 44-7A-1102 and, if the perpetrator is a party to the1240
lease who remains in possession of the dwelling unit, hold the perpetrator liable on the1241
lease for all obligations under the lease or this chapter.1242
(b)  A perpetrator shall not recover actual damages or other relief resulting from the1243
exercise of a right by a tenant under Code Section 44-7A-1102 or a landlord under this1244
Code section.1245
44-7A-1106.1246
(a)  Subject to subsections (b) and (c) of this Code section, if a tenant or immediate family1247
member is a victim of an act of family violence, dating violence, stalking, or sexual assault1248
and the tenant has a reasonable fear that the perpetrator or other person acting on the1249
perpetrator's behalf may attempt to gain access to the dwelling unit, the tenant, without the1250
landlord's consent, may cause the locks or other security devices for the unit to be changed1251
or rekeyed in a professional manner and shall give a key or other means of access for the1252
new locks or security devices to the landlord and any other tenant, other than the1253
perpetrator, that is a party to the lease.1254
(b)  If locks or other security devices are changed or rekeyed under subsection (a) of this1255
Code section, the landlord may change or rekey them, at the tenant's expense, to ensure1256
compatibility with the landlord's master key or other means of access or otherwise1257
accommodate the landlord's reasonable commercial needs.1258
(c)  If a perpetrator is a party to the lease, locks or other security devices shall not be1259
changed or rekeyed under subsection (a) of this Code section unless a court order, other1260
than an ex parte order, expressly requires that the perpetrator vacate the dwelling unit or1261
restrains the perpetrator from contact with the tenant or immediate family member and a1262
copy of the order has been given to the landlord.1263 23 LC 50 0457ER
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(d)  A perpetrator shall not recover actual damages or other relief against a landlord or1264
tenant resulting from the exercise of a right by the landlord or tenant under this Code1265
section.1266
44-7A-1107.1267
(a)  On issuance of a court order requiring a perpetrator to vacate a dwelling unit because1268
of an act of family violence, dating violence, stalking, or sexual assault, other than an ex1269
parte order, neither the landlord nor tenant has a duty to:1270
(1)  Allow the perpetrator access to the unit unless accompanied by a law enforcement1271
officer; or1272
(2)  Provide the perpetrator with any means of access to the unit.1273
(b)  If a perpetrator is a party to the lease, on issuance of a court order requiring the1274
perpetrator to vacate the dwelling unit, other than an ex parte order, the perpetrator's1275
interest under the lease terminates, and the landlord and any remaining tenant may recover1276
from the perpetrator actual damages resulting from the termination.1277
(c)  Termination of a perpetrator's interest under a lease under this Code section does not1278
terminate the interest of any other tenant under the lease or alter the obligations of any1279
other tenant under the lease.1280
(d)  A landlord is not required to return to a perpetrator whose interest under the lease1281
terminates under this Code section or to any remaining tenant any security deposit or1282
unearned rent until the lease terminates with respect to all tenants.1283
44-7A-1108.1284
(a)  If a landlord has a reasonable belief that a tenant or immediate family member is the1285
victim of an act of family violence, dating violence, stalking, or sexual assault and another1286
tenant of the same landlord who resides in the same building as the tenant is the1287
perpetrator, the landlord may terminate the perpetrator's interest in the lease by giving the1288 23 LC 50 0457ER
H. B. 304
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perpetrator notice in a record that the perpetrator's interest will terminate immediately or1289
on a later specified date, which is not later than 30 days after notice is given.  The notice1290
shall state that the landlord has a reasonable belief that the perpetrator has committed an1291
act of family violence, dating violence, stalking, or sexual assault and the approximate date1292
of the act.1293
(b)  Before giving notice to a perpetrator under subsection (a) of this Code section, the1294
landlord shall give notice of the landlord's intent to terminate the perpetrator's interest to1295
the tenant who was the victim of the act of family violence, dating violence, stalking, or1296
sexual assault or whose immediate family member was the victim.  Such notice may be1297
given by any means reasonably calculated to reach the tenant, including oral1298
communication, notice in a record, or notice sent to the tenant at any other address at which1299
the landlord reasonably believes the tenant is located.1300
(c)  Failure of a tenant to receive the notice of the landlord's intent to terminate the1301
perpetrator's interest under subsection (b) of this Code section does not affect the landlord's1302
right to terminate under this Code section or expose the landlord to any liability.1303
(d)  If a landlord terminates a perpetrator's interest under a lease under this Code section,1304
any other tenant under the lease may recover from the perpetrator actual damages resulting1305
from the termination.1306
(e)  Termination of a perpetrator's interest under a lease under this Code section does not1307
terminate the interest of any other tenant under the lease or alter the obligations of any1308
other tenant under the lease.1309
(f)  A landlord is not required to return to a perpetrator whose interest under a lease is1310
terminated under this Code section or to any other tenant under the lease any security1311
deposit or unearned rent until the lease terminates with respect to all tenants.1312
(g)  In an action between a landlord and tenant involving the right of the landlord to1313
terminate the tenant's interest under this Code section, the landlord shall prove by a1314 23 LC 50 0457ER
H. B. 304
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preponderance of the evidence that the landlord had a reasonable belief that the tenant was1315
a perpetrator.1316
44-7A-1109.1317
(a)  As used in this Code section, the term 'tenant' includes an applicant seeking to enter1318
into a lease with a landlord.1319
(b)  Except as otherwise provided in subsections (d) and (e) of this Code section, a landlord1320
shall not do or threaten to do any act in paragraph (b) of Code Section 44-7A-901 if the1321
landlord's purpose for engaging in the conduct is that:1322
(1)  An act of family violence, dating violence, stalking, or sexual assault committed1323
against the tenant or immediate family member resulted in a violation of the lease or this1324
chapter by the tenant; or1325
(2)  A complaint of an act of family violence, dating violence, stalking, or sexual assault1326
committed against the tenant or immediate family member resulted in a law enforcement1327
or emergency response.1328
(c)  Except as otherwise provided in subsection (d) of this Code section, a landlord shall1329
not refuse or threaten to refuse to rent a dwelling unit if the landlord's purpose for the1330
refusal or threat is that a tenant or an immediate family member is or has been the victim1331
of an act of family violence, dating violence, stalking, or sexual assault.1332
(d)  Evidence that any of the events described in subsection (b) or (c) of this Code section1333
occurred within six months before the landlord's conduct creates a presumption that the1334
purpose of the landlord's conduct was retaliation.  The landlord may rebut the presumption1335
by a preponderance of evidence showing that the landlord had sufficient justification for1336
engaging in the conduct described in subsection (b) or (c) of this Code section and would1337
have engaged in the conduct in the same manner and at the same time regardless of1338
whether the events described in subsection (b) or (c) of this Code section occurred.1339 23 LC 50 0457ER
H. B. 304
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(e)  A landlord may terminate the lease of a tenant by giving the tenant notice in a record1340
that the lease will terminate on a date specified in the notice, which shall be at least 30 days1341
after notice is given if:1342
(1)  Without the landlord's permission, the tenant invited a perpetrator onto the premises1343
or allowed a perpetrator to occupy the dwelling unit:1344
(A)  After the landlord gave the tenant notice in a record to refrain from inviting the1345
perpetrator onto the premises; or1346
(B)  During a time the tenant knows the perpetrator is subject to a no-contact court1347
order or a court order barring the perpetrator from the premises; and1348
(2)  The landlord demonstrates that:1349
(A)  There is an actual and imminent threat to the health or safety of any individual on1350
the premises, the landlord, or the landlord's agent if the lease is not terminated; or1351
(B)  The perpetrator has damaged the premises.1352
(f)  If a landlord willfully violates subsection (b) or (c) of this Code section, the tenant or1353
prospective tenant may recover three times the periodic rent or three times actual damages,1354
whichever is greater, and:1355
(1)  Terminate the lease;1356
(2)  Defend an action for possession on the ground that the landlord violated subsection1357
(b) of this Code section; or1358
(3)  Obtain appropriate injunctive relief.1359
ARTICLE 121360
44-7A-1201.1361
(a)  As used in this article, the term 'bank account' means a checking, demand, time,1362
savings, passbook, or similar account maintained at a bank.1363 23 LC 50 0457ER
H. B. 304
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(b)  Except as otherwise provided in subsections (c) and (d) of this Code section, a landlord1364
shall not require the tenant to pay or agree to pay a security deposit, prepaid rent, or any1365
combination thereof, in an amount that exceeds two times the periodic rent.1366
(c)  The limit established in subsection (b) of this Code section does not include the first1367
month's rent or fees.1368
(d)  Except as otherwise provided by law other than this chapter, if a tenant keeps a pet on1369
the premises or is permitted by the lease to make alterations to the premises, the landlord1370
may require the tenant to pay an additional security deposit in an amount commensurate1371
with the additional risk of damage to the premises.1372
44-7A-1202.1373
(a)  The following rules apply to a landlord's interest in a security deposit:1374
(1)  The landlord's interest is limited to a security interest;1375
(2)  Notwithstanding law other than this chapter, the landlord's security interest is1376
effective against and has priority over each creditor of and transferee from the tenant; and1377
(3)  Subject to subsection (c) of this Code section, a creditor of and transferee from the1378
landlord can acquire no greater interest in a security deposit than the interest of the1379
landlord.1380
(b)  The following rules apply to a tenant's interest in a security deposit:1381
(1)  Notwithstanding law other than this chapter, the tenant's interest has priority over any1382
right of setoff the bank in which the account is maintained may have for obligations owed1383
to the bank other than charges normally associated with the bank's maintenance of the1384
account;1385
(2)  The tenant's interest is not adversely affected if the deposit is commingled with the1386
deposits of other tenants; and1387
(3)  The effect of commingling other than that allowed in paragraph (2) of this subsection1388
is determined by law other than this chapter.1389 23 LC 50 0457ER
H. B. 304
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(c)  Paragraph (3) of subsection (a) of this Code section does not abrogate generally1390
applicable rules of law enabling a transferee of funds to take the funds free of competing1391
claims.1392
44-7A-1203.1393
(a)  With respect to funds constituting a security deposit, a landlord:1394
(1)  Shall maintain the ability to identify the funds:1395
(A)  By holding the funds in a bank account that is used exclusively for security1396
deposits, that is maintained with a bank doing business in this state, and the title of1397
which indicates that it contains security deposits; and1398
(B)  By maintaining records that indicate at all times the amount of the funds1399
attributable to each tenant whose funds are being held in the account; and1400
(2)  May commingle the funds received from other tenants as security deposits in the1401
same bank account but shall not commingle other funds, including the landlord's personal1402
or business funds, in the account.1403
(b)  If a landlord fails to comply with subsection (a) of this Code section, the tenant may1404
recover actual damages or one times the periodic rent, whichever is greater.1405
(c)  A bank in which a landlord deposits funds constituting a security deposit has no duty1406
to ensure that the landlord properly applies the funds.1407
(d)  Unless a lease provides otherwise, the landlord is not required to deposit a security1408
deposit into an interest-bearing account or to pay the tenant interest on the deposit.1409
44-7A-1204.1410
(a)  After termination of a lease, the tenant is entitled to the amount by which the security1411
deposit and any unearned rent exceeds the amount the landlord is owed under the lease or1412
this chapter.1413 23 LC 50 0457ER
H. B. 304
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(b)  Not later than 30 days after a lease terminates and the tenant vacates the premises, the1414
landlord shall determine the amount the landlord believes the tenant is entitled to under1415
subsection (a) of this Code section and:1416
(1)  Tender that amount to the tenant or, if the tenant has died, the tenant representative;1417
(2)  Send that amount by first-class mail, postage prepaid, to an address provided by the1418
tenant or, if the tenant has died, the tenant representative or, in the absence of that1419
address, to the relevant address specified in Code Section 44-7A-109; or1420
(3)  Cause a funds transfer in that amount to be made, with the cost of transfer paid, to1421
a bank account designated by the tenant or, if the tenant has died, the tenant1422
representative.1423
(c)  If the amount under subsection (b) of this Code section is less than the sum of the1424
tenant's security deposit and any unearned rent, the landlord shall provide the tenant or1425
tenant representative, within the period specified under subsection (b) of this Code section,1426
a record specifying each item of property damage or other unfulfilled obligation of the1427
tenant to which the security deposit or unearned rent was applied and the amount applied1428
to each item.1429
(d)  If the amount to which the tenant is entitled under subsection (a) of this Code section1430
is greater than the amount paid to the tenant or tenant representative, the tenant or tenant1431
representative may recover the difference.1432
(e)  If a landlord fails to comply with subsection (b) or (c) of this Code section, the court1433
may award the tenant or tenant representative, in addition to any amount recoverable under1434
subsection (d) of this Code section, $250.00 or two times the amount recoverable under1435
subsection (d) of this Code section, whichever is greater, unless the landlord's only1436
noncompliance was the failure to comply with paragraph (2) subsection (b) of this Code1437
section as a result of the inadvertent failure to pay the cost of postage or transmission or1438
to use the proper address.1439 23 LC 50 0457ER
H. B. 304
- 59 -
(f)  If a security deposit and unearned rent held by a landlord are insufficient to satisfy the1440
tenant's obligations under the lease and this chapter, the landlord may recover from the1441
tenant the amount necessary to satisfy those obligations.1442
44-7A-1205.1443
(a)  When a landlord's interest in the premises terminates, the landlord:1444
(1)  If the lease continues, not later than 30 days after the termination of the landlord's1445
interest, shall transfer to the person succeeding the landlord's interest in the premises any1446
security deposit being held by the landlord and notify the tenant in a record of the1447
successor's name and address, the amount transferred, and any claim previously made1448
against the security deposit; or1449
(2)  If the lease terminates as a result of the termination of the landlord's interest, shall1450
comply with Code Section 44-7A-1204.1451
(b)  If a landlord dies before the termination of the lease, the personal representative of the1452
landlord's estate becomes the landlord until the premises are distributed to the successor.1453
If the premises are distributed to the successor before the termination of the lease, the1454
security deposit held by the representative shall be transferred to the successor and the1455
representative shall notify the tenant in a record of the successor's name and address, the1456
amount transferred to the successor, and any claim previously made against the security1457
deposit.  If the premises are not distributed to the successor before the termination of the1458
lease, the representative shall comply with Code Section 44-7A-1204.1459
(c)  If a landlord or personal representative of the landlord's estate complies with subsection1460
(a) or (b) of this Code section, the landlord or the estate has no further liability with respect1461
to the security deposit.1462
(d)  Except as otherwise provided in subsection (e) of this Code section, a successor to a1463
landlord's interest in the premises has all rights and obligations of the landlord under this1464
chapter with respect to any security deposit held by the predecessor landlord which has not1465 23 LC 50 0457ER
H. B. 304
- 60 -
been returned to the tenant, whether or not the security deposit was transferred or1466
distributed to the successor.1467
(e)  If a landlord's interest is terminated by foreclosure, the successor's liability under1468
subsection (d) of this Code section is limited to the security deposit received by the1469
successor."1470
SECTION 2.1471
All laws and parts of laws in conflict with this Act are repealed.1472