Georgia 2023-2024 Regular Session

Georgia House Bill HB304 Compare Versions

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

Old	New	Differences
1	1	23 LC 50 0457ER
2	2	H. B. 304
3	3	- 1 -
4	4	House Bill 304
5	5	By: Representative Neal of the 79
6	6	th
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to
11	11	1
12	12	provide for the uniform regulation of landlord-tenant relationships under residential rental2
13	13	agreements; to provide for landlord and tenant rights and duties; to provide for lease terms3
14	14	and duties; to provide for remedies; to provide for tenancies; to provide requirements related4
15	15	to the death of a tenant; to prohibit retaliatory conduct; to provide for the disposition of5
16	16	personal property of a tenant; to provide for the effect of family violence, dating violence,6
17	17	stalking, or sexual assault; to provide for security deposit, fee, and unearned rent7
18	18	requirements; to provide for enforcement; to provide for applicability; to provide for8
19	19	definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.9
20	20	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
21	21	SECTION 1.11
22	22	Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by12
23	23	adding a new chapter to read as follows:13 23 LC 50 0457ER
24	24	H. B. 304
25	25	- 2 -
26	26	"CHAPTER 7A14
27	27	ARTICLE 115
28	28	44-7A-101.16
29	29	This chapter shall be known and may be cited as the 'Uniform Residential Landlord and17
30	30	Tenant Act.'18
31	31	44-7A-102.19
32	32	As used in this chapter, the term:20
33	33	(1) 'Action' means an action for damages, possession, ejectment, quiet title, specific21
34	34	performance, or other judicial proceeding in which rights under a lease or this chapter are22
35	35	determined.23
36	36	(2) 'Actual damages' means compensation for direct, consequential, or incidental injuries24
37	37	or losses. Such term includes:25
38	38	(A) Amounts payable to a landlord or tenant under the lease for a violation of the lease;26
39	39	and27
40	40	(B) The diminution in the value of a dwelling unit.28
41	41	(3) 'Bank' means an organization that engages in the business of banking and is federally29
42	42	insured. Such term includes a savings bank, savings and loan association, credit union,30
43	43	and trust company.31
44	44	(4) 'Building, housing, fire, or health code' includes any law concerning fitness for32
45	45	habitation or the construction, maintenance, operation, occupancy, use, or appearance of33
46	46	the premises.34
47	47	(5) 'Contact person' means a person designated by a tenant under subsection (b) of Code35
48	48	Section 44-7A-109.36
49	49	(6) 'Criminal act' or 'criminal activity' means:37 23 LC 50 0457ER
50	50	H. B. 304
51	51	- 3 -
52	52	(A) The manufacture, sale, distribution, use, or possession of a controlled substance38
53	53	on or in the vicinity of the premises which is criminal under law other than this chapter;39
54	54	or 40
55	55	(B) Activity that is criminal under law other than this chapter and threatens the health41
56	56	or safety of an individual on the premises or the landlord or landlord's agent on or off42
57	57	the premises.43
58	58	(7) 'Diminution in the value of a dwelling unit' means a reduction from rent which44
59	59	reflects the extent to which a noncompliant condition of the premises impairs the tenant's45
60	60	use and enjoyment of the unit, as determined by a court based on evidence that need not46
61	61	include expert testimony.47
62	62	(8) 'Dwelling unit' means property leased to a tenant for use as a home, residence, or48
63	63	sleeping place by an individual or two or more individuals who maintain a common49
64	64	household, regardless of their relationship to each other. Such term includes:50
65	65	(A) A single-family residence, together with fixtures and appurtenances, the land on51
66	66	which it is located, and any other structure on the land; and52
67	67	(B) A structure or part of a structure in which the tenant resides, together with fixtures53
68	68	and appurtenances, and any other area of the land on which the structure is located to54
69	69	which the tenant is given an exclusive right of possession during the term of the lease,55
70	70	including a designated parking space or storage area.56
71	71	(9) 'Electronic' means relating to technology having electrical, digital, magnetic,57
72	72	wireless, optical, electromagnetic, or similar capability.58
73	73	(10) 'Essential service' means heat, hot and cold running water, sewage or septic59
74	74	disposal, and electricity. Such term includes gas or air conditioning if required to be60
75	75	supplied to a tenant by the lease or law other than this chapter which, if not supplied to61
76	76	the tenant, would create a serious threat to the health, safety, or property of the tenant or62
77	77	immediate family member.63 23 LC 50 0457ER
78	78	H. B. 304
79	79	- 4 -
80	80	(11) 'Fees' means amounts payable by a tenant to a landlord which the landlord has no64
81	81	obligation to account for or return to the tenant except as otherwise provided in65
82	82	subsection (b) of Code Section 44-7A-405. Such term does not include rent or a security66
83	83	deposit.67
84	84	(12) 'Funds' means money, checks, bank account credits, certificates of deposit, or the68
85	85	like.69
86	86	(13) 'Good faith' means honesty in fact and the observance of reasonable commercial70
87	87	standards of fair dealing.71
88	88	(14) 'Guest' means an individual, other than the landlord or landlord's agent, invited on72
89	89	the premises by a tenant or immediate family member.73
90	90	(15) 'Immediate family member' means any of the following who habitually resides in74
91	91	a dwelling unit with a tenant:75
92	92	(A) An individual related to the tenant by blood, adoption, or marriage;76
93	93	(B) An individual having an intimate relationship with the tenant; or77
94	94	(C) A foster child, stepchild, or ward of the tenant or an individual named in78
95	95	subparagraph (A) or (B) of this paragraph.79
96	96	(16) 'Landlord' means:80
97	97	(A) The owner of a dwelling unit rented to a tenant;81
98	98	(B) A successor in interest to the landlord;82
99	99	(C) A sublessor, only if the landlord did not consent to the sublease; and83
100	100	(D) A person that manages the unit or enters a lease on behalf of the owner of the unit84
101	101	and fails to comply with subsections (c) and (d) of Code Section 44-7A-108, except85
102	102	with respect to events occurring after:86
103	103	(i) The tenant is given notice in a record that complies with subsections (c) and (d)87
104	104	of Code Section 44-7A-108; or88
105	105	(ii) The date of termination of the person's authority to act on behalf of the owner if89
106	106	that authority is terminated.90 23 LC 50 0457ER
107	107	H. B. 304
108	108	- 5 -
109	109	(17) 'Law' includes federal or state statutes, case law, administrative action, and91
110	110	legislative acts of local governments.92
111	111	(18) 'Lease' means a contract, oral or in a record, between a landlord and tenant in which93
112	112	the landlord rents a dwelling unit to the tenant for a tenancy for a fixed term or a periodic94
113	113	tenancy. Such term includes an amendment to the lease, rules adopted by the landlord95
114	114	which were disclosed to the tenant under paragraph (4) of subsection (b) of Code Section96
115	115	44-7A-108, and, subject to Code Section 44-7A-304, rules adopted by the landlord after97
116	116	commencement of the term of the lease.98
117	117	(19) 'Notice in a record' means notice that complies with subsection (b) of Code Section99
118	118	44-7A-107.100
119	119	(20) 'Owner' means a person vested with all or part of:101
120	120	(A) Legal title to the premises; or102
121	121	(B) Beneficial ownership and a right to present use and enjoyment of the premises.103
122	122	(21) 'Periodic rent' means the amount payable each month under a tenancy for a fixed104
123	123	term or a periodic tenancy for month to month or payable each week under a periodic105
124	124	tenancy for week to week. If rent is payable annually, periodic rent is the amount of the106
125	125	annual rent divided by 12.107
126	126	(22) 'Periodic tenancy' means a tenancy created under a lease or arising by operation of108
127	127	law for either month to month or week to week.109
128	128	(23) 'Person' means an individual, estate, trust, business or nonprofit entity, public110
129	129	corporation, government or governmental subdivision, agency, or instrumentality, or111
130	130	other legal entity.112
131	131	(24) 'Premises' means a dwelling unit and, to the extent owned by the landlord, any113
132	132	structure of which the unit is a part. Such term includes any area and structure owned by114
133	133	the landlord which are associated with the structure in which the dwelling unit is located115
134	134	and held out by the landlord for the use of tenants generally.116 23 LC 50 0457ER
135	135	H. B. 304
136	136	- 6 -
137	137	(25) 'Prepaid rent' means rent paid to a landlord before the first day of the rental period117
138	138	to which it is to be applied.118
139	139	(26) 'Record' means information that is inscribed on a tangible medium or that is stored119
140	140	in an electronic or other medium and is retrievable in perceivable form.120
141	141	(27) 'Rent,' when used as a noun, means a payment for the right to possession of a121
142	142	dwelling unit. Such term does not include a security deposit or fees.122
143	143	(28) 'Repairs' includes remediations.123
144	144	(29) 'Security deposit' means funds provided to a landlord to secure payment or124
145	145	performance of a tenant's obligations under a lease or this chapter and the identifiable125
146	146	proceeds of the funds, however denominated. Such term does not include rent or fees.126
147	147	(30) 'Security interest' means an interest in personal property which secures payment or127
148	148	performance of a tenant's obligations under a lease or this chapter.128
149	149	(31) 'Sign' means, with present intent to authenticate or adopt a record:129
150	150	(A) To execute or adopt a tangible symbol; or130
151	151	(B) To attach to or logically associate with the record an electronic symbol, sound, or131
152	152	process. For purposes of this paragraph, the term 'symbol' includes an email address132
153	153	or other identifying header.133
154	154	(32) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the134
155	155	United States Virgin Islands, or any territory or insular possession subject to the135
156	156	jurisdiction of the United States.136
157	157	(33) 'Tenancy for a fixed term' means a tenancy under a lease for a fixed or computable137
158	158	period, regardless of the length of the period.138
159	159	(34) 'Tenant' means:139
160	160	(A) A person that is a party to a lease of a dwelling unit and is entitled to possession140
161	161	of the unit; and141
162	162	(B) An assignee or sublessee of a person described in subparagraph (A) of this142
163	163	paragraph which has possession of the unit with the landlord's consent.143 23 LC 50 0457ER
164	164	H. B. 304
165	165	- 7 -
166	166	(35) 'Tenant representative' means:144
167	167	(A) A personal representative of a deceased tenant's estate; or145
168	168	(B) Before the appointment of a personal representative, a contact person, or in the146
169	169	absence of a contact person, a person the landlord reasonably believes to be an heir of147
170	170	the tenant under the applicable intestate succession law.148
171	171	(36) 'Unearned rent' means rent, including prepaid rent, that a tenant paid to a landlord149
172	172	for the right to possession of the dwelling unit for any period after the date the lease150
173	173	terminates in accordance with its terms or this chapter. Such term does not include an151
174	174	amount, including rent, owed to the landlord for a period before or after the date the lease152
175	175	terminates during which the tenant is in physical possession of the premises.153
176	176	(37) 'Willful' means intentional performance of an act the actor knows to be prohibited154
177	177	by this chapter or a lease, intentional failure to perform an act the actor knows to be155
178	178	required by this chapter or the lease, or deliberate indifference to whether the156
179	179	performance or failure to perform violates this chapter or the lease.157
180	180	44-7A-103.158
181	181	(a) As used in this Code section, the term:159
182	182	(1) 'Occupancy as a vacation rental' means occupancy that has the following160
183	183	characteristics:161
184	184	(A) The tenant rents the dwelling unit for vacation purposes only and has a principal162
185	185	residence other than the unit;163
186	186	(B) The unit is furnished with personal property necessary to make the unit ready for164
187	187	immediate occupancy by the tenant; and165
188	188	(C) The occupancy does not exceed 30 consecutive days.166
189	189	(2) 'Transient occupancy' means occupancy in a room or suite of rooms which has the167
190	190	following characteristics:168
191	191	(A) The cost of occupancy is charged on a daily basis;169 23 LC 50 0457ER
192	192	H. B. 304
193	193	- 8 -
194	194	(B) The operator of the room or suite provides housekeeping and linen service as part170
195	195	of the regularly charged cost of occupancy; and171
196	196	(C) The occupancy does not exceed 30 consecutive days.172
197	197	(b)(1) Except as otherwise provided in subsection (c) of this Code section, this chapter173
198	198	applies to a lease of a dwelling unit in this state entered into or extended to renewed on174
199	199	or after July 1, 2023.175
200	200	(2) The provisions of this chapter shall supersede any other provisions of Chapter 7 of176
201	201	this title to the extent of any conflict therewith.177
202	202	(c) The following arrangements are not governed by this chapter:178
203	203	(1) Residence at a public or private facility, if incidental to detention or the provision of179
204	204	medical, mental health, geriatric, counseling, educational, religious, disability, personal180
205	205	safety, or similar service;181
206	206	(2) Occupancy under a contract of sale of, or an option to purchase, a dwelling unit or182
207	207	the building of which it is a part, if the occupant is the purchaser or optionee or an183
208	208	individual who has succeeded to the interest of the purchaser or optionee;184
209	209	(3) Occupancy by a member of a fraternal or social organization in a part of a structure185
210	210	operated for the benefit of the organization;186
211	211	(4) Transient occupancy;187
212	212	(5) Occupancy by an employee of a landlord when the employee's right to occupancy is188
213	213	conditioned on employment in or about the premises;189
214	214	(6) Occupancy by a holder of a proprietary lease in a cooperative;190
215	215	(7) Occupancy under a lease covering premises used by the occupant for agricultural191
216	216	purposes;192
217	217	(8) Occupancy as a vacation rental; and193
218	218	(9) A ground lease of real property which lease does not include a dwelling unit.194 23 LC 50 0457ER
219	219	H. B. 304
220	220	- 9 -
221	221	44-7A-104.195
222	222	(a) A right or obligation under this chapter is enforceable by an action unless the provision196
223	223	creating the right or obligation provides otherwise.197
224	224	(b) A party seeking relief under this chapter has a duty to mitigate damages.198
225	225	44-7A-105.199
226	226	Every lease or duty under this chapter imposes an obligation of good faith in its200
227	227	performance and enforcement.201
228	228	44-7A-106.202
229	229	(a) If a court, as a matter of law, finds a lease or any provision of the lease was203
230	230	unconscionable at the time it was made, the court may refuse to enforce the lease, enforce204
231	231	the remainder of the lease without the unconscionable provision, or limit application of the205
232	232	unconscionable provision to avoid an unconscionable result.206
233	233	(b) If a court, as a matter of law, finds a settlement agreement in which a party waived or207
234	234	agreed to forego a claim or right under a lease or this chapter was unconscionable at the208
235	235	time it was made, the court may refuse to enforce the agreement, enforce the remainder of209
236	236	the agreement without the unconscionable provision, or limit application of the210
237	237	unconscionable provision to avoid an unconscionable result.211
238	238	(c) If a party or the court puts unconscionability in issue under subsection (a) or (b) of this212
239	239	Code section, the court shall allow the parties to present evidence of the setting, purpose,213
240	240	and effect of the lease or settlement agreement to aid the court in making the determination214
241	241	of unconscionability.215
242	242	44-7A-107.216
243	243	(a) In this chapter, a person has notice of a fact if the person:217
244	244	(1) Has actual knowledge of the fact;218 23 LC 50 0457ER
245	245	H. B. 304
246	246	- 10 -
247	247	(2) Received notice of the fact under subsection (d) of this Code section; or219
248	248	(3) Has reason to know the fact exists from all facts known to the person at the time in220
249	249	question.221
250	250	(b) Except as otherwise provided in subsection (c) of Code Section 44-7A-1001, if this222
251	251	chapter requires notice in a record, the notice shall be signed by the person giving it and:223
252	252	(1) Delivered personally to the recipient;224
253	253	(2) Deposited in the mail with proper postage and properly addressed if:225
254	254	(A) Sent to the landlord, to the mailing address specified under Code Section226
255	255	44-7A-108;227
256	256	(B) Sent to the tenant, to the mailing address specified under Code Section 44-7A-109;228
257	257	or229
258	258	(C) If sent to a person other than a landlord or tenant, or there is no address specified230
259	259	for the landlord or tenant, to an address reasonable under the circumstances; or231
260	260	(3) Unless the landlord or tenant notifies the other at any time that notice may be given232
261	261	only by personal delivery or by mail as provided in paragraph (2) of this subsection,233
262	262	delivered by another means of communication with cost of transmission provided for and234
263	263	properly addressed if:235
264	264	(A) Sent to the landlord, to an address specified under Code Section 44-7A-108; and236
265	265	(B) Sent to the tenant, to an address specified under Code Section 44-7A-109; or237
266	266	(C) No address is specified, to an address reasonable under the circumstances.238
267	267	(c) Except as otherwise provided in subsection (b) of this Code section, a person gives239
268	268	notice of a fact to another person by taking steps reasonably calculated to inform the other240
269	269	person, whether or not the other person learns of the fact.241
270	270	(d) In this chapter, a person receives notice of a fact when:242
271	271	(1) The fact comes to the person's attention; or243
272	272	(2) If notice in a record is required, the notice is:244
273	273	(A) Personally delivered under paragraph (1) of subsection (b) of this Code section; or245 23 LC 50 0457ER
274	274	H. B. 304
275	275	- 11 -
276	276	(B) Sent or delivered under paragraph (2) or (3) of subsection (b) of this Code section.246
277	277	44-7A-108.247
278	278	(a) Before accepting an application fee, the prospective landlord shall disclose to the248
279	279	prospective tenant in a record the criteria the landlord uses to determine the landlord's249
280	280	willingness to enter into a lease with a tenant.250
281	281	(b) Before accepting funds to be applied to a security deposit, prepaid rent, or fees other251
282	282	than an application fee, or before entering into a lease, a prospective landlord shall disclose252
283	283	to the prospective tenant in a record the following:253
284	284	(1) Any condition of the premises which the landlord knows or on a reasonable254
285	285	inspection of the premises should have known would constitute a noncompliance under255
286	286	Code Section 44-7A-302 and would materially interfere with the health or safety of the256
287	287	tenant or immediate family member or would materially interfere with the use and257
288	288	enjoyment of the premises by the tenant or immediate family member;258
289	289	(2) Whether, to the knowledge of the landlord, a foreclosure action or nonjudicial259
290	290	foreclosure proceeding has been commenced against the premises;260
291	291	(3) If rent is prepaid, the month or other period of the lease to which the rent is to be261
292	292	applied; and262
293	293	(4) The rules affecting the tenant's use and enjoyment of the premises, whether adopted263
294	294	by the landlord or another person.264
295	295	(c) At or before commencement of the term of a lease, the landlord shall give the tenant265
296	296	notice in a record specifying:266
297	297	(1) The name of:267
298	298	(A) The landlord;268
299	299	(B) Any person authorized to manage the premises;269
300	300	(C) The owner of the premises;270
301	301	(D) Any person authorized to act for the owner for service of process; and271 23 LC 50 0457ER
302	302	H. B. 304
303	303	- 12 -
304	304	(E) Any person authorized to receive a notice or demand for the owner;272
305	305	(2) The mailing address and any address to be used for the receipt of electronic273
306	306	communications by the landlord or any person designated by the landlord to which a274
307	307	notice or demand must be sent; and275
308	308	(3) The address to, or the method by, which the tenant must deliver rent.276
309	309	(d) A landlord shall keep current the information required by subsection (c) of this Code277
310	310	section.278
311	311	(e) If the premises were in foreclosure before a landlord and tenant entered into a lease and279
312	312	the disclosure required by paragraph (2) of subsection (b) of this Code section was not280
313	313	made, the tenant may recover actual damages resulting from the foreclosure.281
314	314	44-7A-109.282
315	315	(a) At or before commencement of the term of a lease, the tenant shall give the landlord283
316	316	notice in a record specifying the tenant's mailing address and any address to be used for the284
317	317	receipt of electronic communications by the tenant.285
318	318	(b) At the request of a landlord, the tenant shall designate a contact person to act for the286
319	319	tenant on the tenant's death, by giving the landlord a record specifying the name and, if287
320	320	known, the mailing address, any address to be used for the receipt of electronic288
321	321	communications, and the telephone number of the contact person. In the absence of a289
322	322	request by the landlord, the tenant may designate a contact person in the same manner.290
323	323	(c) A tenant shall keep current the information required by subsections (a) and (b) of this291
324	324	Code section.292
325	325	(d) On termination of the lease, the tenant shall provide the landlord a forwarding address293
326	326	to which the landlord must send the tenant's security deposit and unearned rent, or other294
327	327	communications.295 23 LC 50 0457ER
328	328	H. B. 304
329	329	- 13 -
330	330	44-7A-110.296
331	331	Unless displaced by the particular provisions of this chapter, the principles of law and297
332	332	equity supplement this chapter.298
333	333	ARTICLE 2299
334	334	44-7A-201.300
335	335	(a) A lease may include terms and conditions not prohibited by this chapter or law other301
336	336	than this chapter.302
337	337	(b) Unless a lease or law other than this chapter otherwise provides:303
338	338	(1) The tenant shall pay rent for the dwelling unit for the term of the lease in an amount304
339	339	comparable to the rent paid for other dwelling units of similar size and condition in the305
340	340	same or a comparable location, determined at the commencement of the term;306
341	341	(2) Rent shall be:307
342	342	(A) Payable without demand or notice:308
343	343	(i) At the address or place the landlord designates under paragraph (3) of subsection309
344	344	(c) of Code Section 44-7A-108 or, if no designation is made, at the landlord's place310
345	345	of business at the time the lease was made; and311
346	346	(ii) On the first day of each month or at the beginning of the term if the term is less312
347	347	than one month; and313
348	348	(B) Uniformly apportioned from day to day; and314
349	349	(3) A rental period is on a monthly basis beginning with the first day of the month for315
350	350	a tenancy for a fixed term of more than one month or a periodic tenancy of month to316
351	351	month and, for all other tenancies, the rental period begins on the first day rent is paid.317
352	352	(c) Except as otherwise provided in Section 44-7A-202, unless the lease creates a tenancy318
353	353	for a fixed term, the tenancy is a periodic tenancy for week to week if the tenant pays rent319
354	354	weekly and otherwise is a periodic tenancy for month to month.320 23 LC 50 0457ER
355	355	H. B. 304
356	356	- 14 -
357	357	(d) A landlord shall provide the tenant a copy of any lease that is signed by them or, if the321
358	358	lease is enforceable under Code Section 44-7A-202, signed by either of them.322
359	359	(e) If a landlord willfully fails to comply with subsection (d) of this Code section, the323
360	360	tenant may recover actual damages or one month's periodic rent, whichever is greater.324
361	361	44-7A-202.325
362	362	(a) Subject to subsection (b) of this Code section:326
363	363	(1) If a lease signed by the tenant is delivered to the landlord and the landlord fails to327
364	364	sign the lease and return it to the tenant, acceptance of rent by the landlord without a328
365	365	reservation of rights gives the lease the same effect as if the lease had been signed by the329
366	366	landlord and returned to the tenant; and330
367	367	(2) If a lease signed by the landlord is delivered to the tenant and the tenant fails to sign331
368	368	the lease and return it to the landlord, acceptance of possession and payment of rent332
369	369	without a reservation of rights gives the lease the same effect as if the lease had been333
370	370	signed by the tenant and returned to the landlord.334
371	371	(b) If a lease given effect under subsection (a) of this Code section provides for a tenancy335
372	372	for a fixed term longer than one year, the lease is effective for one year.336
373	373	(c) Absent a lease signed by the landlord or tenant which is delivered to the other, if the337
374	374	tenant accepts possession and pays rent to the landlord without a reservation of rights and338
375	375	the landlord accepts rent from the tenant without a reservation of rights, the tenancy created339
376	376	is a periodic tenancy for week to week if the tenant pays rent weekly and in all other cases340
377	377	a periodic tenancy for month to month.341
378	378	44-7A-203.342
379	379	(a) No lease shall require the tenant to:343
380	380	(1) Unless otherwise permitted by this chapter, waive or forego a right or remedy under344
381	381	this chapter;345 23 LC 50 0457ER
382	382	H. B. 304
383	383	- 15 -
384	384	(2) Authorize a person to confess judgment on a claim arising out of the lease or this346
385	385	chapter;347
386	386	(3) Perform a duty imposed on the landlord by Code Section 44-7A-302;348
387	387	(4) Agree to pay attorney's fees and costs of the landlord other than those provided by349
388	388	this chapter or law other than this chapter; or350
389	389	(5) Agree to exculpate or limit a liability of the landlord arising under this chapter or law351
390	390	other than this chapter or indemnify the landlord for the liability and the costs connected352
391	391	with the liability.353
392	392	(b) A provision in a lease prohibited by subsection (a) of this Code section or law other354
393	393	than this chapter is unenforceable. If the landlord seeks to enforce the provision or accepts355
394	394	the tenant's voluntary compliance with the provision, the court may award the tenant an356
395	395	amount not to exceed three times the periodic rent.357
396	396	44-7A-204.358
397	397	A lease, assignment, sublease, conveyance, trust deed, or security instrument shall not359
398	398	authorize a person to receive rent without assuming the duties imposed on the landlord by360
399	399	the lease and Code Section 44-7A-302.361
400	400	44-7A-205.362
401	401	(a) As used in this Code section, the term 'prevailing party' means a party that:363
402	402	(1) Initiated the enforcement of a right or remedy under a lease or this chapter and364
403	403	substantially prevailed on the right or remedy asserted; or365
404	404	(2) Substantially prevailed in defending against a right or remedy asserted by the other366
405	405	party.367
406	406	(b) In an action to enforce a right or remedy arising under a lease or this chapter, the court368
407	407	shall award the prevailing party costs. The court may award the prevailing party369
408	408	reasonable attorney's fees if the court determines that the other party did not act in good370 23 LC 50 0457ER
409	409	H. B. 304
410	410	- 16 -
411	411	faith, willfully performed an act prohibited by the lease or this chapter, or willfully371
412	412	refrained from performing an act required by the lease or this chapter.372
413	413	(c) A court may not award a landlord attorney's fees or costs in an uncontested action to373
414	414	recover possession of a dwelling unit.374
415	415	ARTICLE 3375
416	416	44-7A-301.376
417	417	A landlord shall deliver physical possession of the dwelling unit to the tenant at the377
418	418	commencement of the term of the lease.378
419	419	44-7A-302.379
420	420	(a) A landlord has a nonwaivable duty to maintain the premises in a habitable condition,380
421	421	including making necessary repairs. Such duty requires the landlord to ensure that the381
422	422	premises:382
423	423	(1) Comply with all obligations imposed on the landlord by any applicable building,383
424	424	housing, fire, or health code or law other than this chapter;384
425	425	(2) Have effective waterproofing and weather protection of the roof and exterior walls,385
426	426	including windows and doors;386
427	427	(3) Have plumbing facilities that conform to law and are maintained in good working387
428	428	order;388
429	429	(4) Have access to a water supply approved under law which can provide hot and cold389
430	430	running water;390
431	431	(5) Have adequate ventilation and heating facilities that conform to law and are391
432	432	maintained in good working order;392
433	433	(6) Have electrical lighting, with wiring and equipment that conform to law and are393
434	434	maintained in good working order;394 23 LC 50 0457ER
435	435	H. B. 304
436	436	- 17 -
437	437	(7) Have reasonable measures in place to control the presence of rodents, bedbugs, and395
438	438	other vermin and to prevent exposure to unsafe levels of radon, lead paint, asbestos, toxic396
439	439	mold, and other hazardous substances;397
440	440	(8) To the extent the premises include a common area or other areas under the landlord's398
441	441	control, have reasonable measures in place to make the area:399
442	442	(A) Clean and sanitary;400
443	443	(B) Safe for normal and reasonably foreseeable use consistent with the lease and in401
444	444	good repair; and402
445	445	(C) Reasonably free of debris, filth, rubbish, garbage, and the items listed in paragraph403
446	446	(7) of this subsection;404
447	447	(9) Have an adequate number of appropriate receptacles in reasonably clean condition405
448	448	if the landlord is obligated to provide trash removal or recycling service by law or an406
449	449	agreement in a record signed by the landlord and tenant;407
450	450	(10) Have in good repair floors, doors, windows, walls, ceilings, stairways, and railings;408
451	451	(11) Have in good repair other facilities and appliances supplied or required to be409
452	452	supplied by the landlord;410
453	453	(12) Have in good repair locks or other security devices on all exterior doors and on411
454	454	windows that open and close, including those of the dwelling unit and other parts of the412
455	455	premises; and413
456	456	(13) Have in good working order any safety equipment required by law.414
457	457	(b) A landlord has the duty to ensure the premises have access to essential services, but the415
458	458	lease may require an account with a utility provider of an essential service to the dwelling416
459	459	unit be in the name of the tenant and the tenant pay the periodic cost for the service. If the417
460	460	service is not provided because the tenant fails to pay for the service, the landlord does not418
461	461	fail to comply with this subsection.419 23 LC 50 0457ER
462	462	H. B. 304
463	463	- 18 -
464	464	(c) If a sublessor is a landlord for purposes of this chapter, the sublessor has the duty to420
465	465	comply with subsection (a) of this Code section except for duties that would require the421
466	466	sublessor to access parts of the premises beyond the sublessor's control.422
467	467	(d) A landlord and tenant may agree that the tenant is to perform specified repairs,423
468	468	maintenance tasks, alterations, or remodeling only if:424
469	469	(1) The agreement is in a record, other than the lease, signed by the parties and supported425
470	470	by adequate consideration;426
471	471	(2) The work is not necessary to cure the landlord's noncompliance with paragraph (1)427
472	472	of subsection (a) of this Code section; and428
473	473	(3) The agreement does not affect the obligation of the landlord to other tenants on the429
474	474	premises.430
475	475	(e) A landlord shall not treat performance of an agreement described in subsection (d) of431
476	476	this Code section as a condition to the performance of any obligation under the lease or this432
477	477	Code section.433
478	478	44-7A-303.434
479	479	Except to the extent a landlord and tenant otherwise agree in a signed record, if the435
480	480	landlord, in a good faith sale to a bona fide purchaser, conveys premises that include a436
481	481	dwelling unit subject to a lease, the following rules apply:437
482	482	(1) Except as otherwise provided in paragraph (2) of this Code section, the landlord is438
483	483	relieved of liability under the lease and this chapter as to an event that occurs after the439
484	484	later of the conveyance to the purchaser or notice in a record by the landlord to the tenant440
485	485	of the conveyance; and441
486	486	(2) Except as otherwise provided in Code Section 44-7A-1205, the landlord remains442
487	487	liable to the tenant for the amount of any security deposit and unearned rent.443 23 LC 50 0457ER
488	488	H. B. 304
489	489	- 19 -
490	490	44-7A-304.444
491	491	(a) Except as otherwise provided in subsection (a) of Code Section 44-7A-305 or as445
492	492	required by law other than this chapter, a landlord may enforce a rule of the landlord in446
493	493	existence at the time the lease commenced only if the rule was disclosed to the tenant under447
494	494	Code Section 44-7A-108.448
495	495	(b) Except as otherwise provided in subsections (c) and (d) of this Code section, after449
496	496	commencement of the term of a lease, the landlord may adopt or modify a rule concerning450
497	497	the tenant's use and enjoyment of the premises, but the rule or modification shall not take451
498	498	effect earlier than 30 days after the landlord gives the tenant notice in a record of the rule452
499	499	or modification.453
500	500	(c) In a periodic tenancy for month to month, a rule or modification adopted under454
501	501	subsection (b) of this Code section shall not take effect before the expiration of the period455
502	502	in paragraph (2) of subsection (b) of Code Section 44-7A-801 during which the tenant or456
503	503	landlord could have exercised the right to terminate the tenancy.457
504	504	(d) In a tenancy for a fixed term, if a rule or modification adopted under subsection (b) of458
505	505	this Code section substantially modifies the tenant's benefit of the bargain and is not459
506	506	required by law other than this chapter, the rule shall not be enforceable against the tenant460
507	507	unless the tenant consents in a signed record.461
508	508	44-7A-305.462
509	509	(a) If, before the commencement of the term of a lease, the landlord fails to disclose a rule463
510	510	adopted by a person other than the landlord which substantially modifies the tenant's464
511	511	benefit of the bargain and is not required by law other than this chapter, and the rule is465
512	512	enforced against the tenant, the tenant may:466
513	513	(1) Recover actual damages from the landlord; or467 23 LC 50 0457ER
514	514	H. B. 304
515	515	- 20 -
516	516	(2) Terminate the lease by giving the landlord notice in a record that the lease will468
517	517	terminate on a date specified in the notice which shall be at least 30 days after the notice469
518	518	is given.470
519	519	(b) Except as otherwise provided in subsection (c) of this Code section, if, after the471
520	520	commencement of the term of a lease, a person other than the landlord adopts or modifies472
521	521	a rule that substantially modifies the tenant's benefit of the bargain and is not required by473
522	522	law other than this chapter and the rule is enforced against the tenant, the tenant of a474
523	523	tenancy for a fixed term may terminate the lease by giving the landlord notice in a record475
524	524	that the lease will terminate on a date specified in the notice which shall be at least 30 days476
525	525	after the notice is given or, in the case of a periodic tenancy, terminate the tenancy in477
526	526	accordance with Code Section 44-7A-801.478
527	527	(c) A tenant shall not terminate a lease under subsection (b) of this Code section if the479
528	528	lease provides the dwelling unit is subject to rules of a person other than the landlord and480
529	529	the person may modify the rules after the commencement of the term of the lease.481
530	530	ARTICLE 4482
531	531	44-7A-401.483
532	532	Except as otherwise provided in Code Section 44-7A-403, if a landlord fails to comply with484
533	533	the lease or Code Section 44-7A-302, the tenant has the remedies under Code Section485
534	534	44-7A-402 if the tenant gives the landlord:486
535	535	(1) Notice in a record of the noncompliance; and487
536	536	(2) An opportunity to remedy the noncompliance within the following periods:488
537	537	(A) Subject to subparagraph (B) of this paragraph, not later than 14 days after the489
538	538	tenant gave the notice; and490
539	539	(B) If the noncompliance involves failure to provide an essential service or materially491
540	540	interferes with the health or safety of the tenant or immediate family member, the492 23 LC 50 0457ER
541	541	H. B. 304
542	542	- 21 -
543	543	landlord shall remedy the noncompliance as soon as practicable but not later than five493
544	544	days after the tenant gave the notice.494
545	545	44-7A-402.495
546	546	(a) Except as otherwise provided in Code Section 44-7A-403, if a landlord's496
547	547	noncompliance with the lease or Code Section 44-7A-302 results in the tenant not receiving497
548	548	an essential service, materially interferes with the health or safety of the tenant or498
549	549	immediate family member, or materially interferes with the use and enjoyment of the499
550	550	premises by the tenant or immediate family member and the noncompliance is not500
551	551	remedied during the applicable period specified in Code Section 44-7A-401, the tenant501
552	552	may:502
553	553	(1) Terminate the lease, as provided in Code Section 44-7A-404; or503
554	554	(2) Continue the lease and elect one or more of the following remedies:504
555	555	(A) Subject to Code Section 44-7A-408, withhold rent for the period of noncompliance505
556	556	beginning on the date the tenant gave notice under Code Section 44-7A-401;506
557	557	(B) Recover actual damages;507
558	558	(C) Obtain injunctive relief, specific performance, or other equitable relief;508
559	559	(D) Make repairs and deduct the cost from the rent, as provided in Code Section509
560	560	44-7A-406; or510
561	561	(E) Secure an essential service the landlord is obligated to provide or comparable511
562	562	substitute housing during the period of noncompliance, as provided in Code Section512
563	563	44-7A-407.513
564	564	(b) If a landlord's noncompliance with the lease or Code Section 44-7A-302 does not514
565	565	materially interfere with the health or safety of the tenant or immediate family member or515
566	566	the use and enjoyment of the premises by the tenant or immediate family member, the516
567	567	tenant may elect one or more of the remedies provided in subparagraphs (a)(2)(B),517
568	568	(a)(2)(C), and (a)(2)(D) of this Code section.518 23 LC 50 0457ER
569	569	H. B. 304
570	570	- 22 -
571	571	(c) A tenant is not entitled to a remedy under this Code section to the extent:519
572	572	(1) The landlord's noncompliance was caused by an act or omission of the tenant,520
573	573	immediate family member, or guest; or521
574	574	(2) The tenant, immediate family member, or guest prevented the landlord from having522
575	575	access to the dwelling unit to remedy the act or omission described in the notice under523
576	576	Code Section 44-7A-401.524
577	577	44-7A-403.525
578	578	(a) If a dwelling unit or other part of the premises is substantially damaged or destroyed526
579	579	by a fire, other casualty, or natural disaster and:527
580	580	(1) The unit or other part of the premises is uninhabitable or inaccessible or continued528
581	581	occupancy of the unit is unlawful, the tenant may vacate the unit immediately and, not529
582	582	later than 14 days after vacating the unit, give the landlord notice in a record of the530
583	583	tenant's intent to terminate the lease, in which case the lease terminates as of the date the531
584	584	tenant vacates the unit; or532
585	585	(2) If continued occupancy of the unit is lawful, subject to the landlord's right to533
586	586	terminate the lease under subsection (b) of this Code section, the tenant, after complying534
587	587	with Code Section 44-7A-401, may continue the lease and seek the remedies provided535
588	588	in subparagraphs (a)(2)(A), (a)(2)(B), (a)(2)(C), and (a)(2)(D) of Code Section536
589	589	44-7A-402.537
590	590	(b) If a dwelling unit or other part of the premises is substantially damaged by a fire, other538
591	591	casualty, or natural disaster and continued occupancy of the unit is unlawful or dangerous539
592	592	or requires repairs that can be made only if the tenant vacates the unit, the landlord may540
593	593	terminate the lease by giving the tenant notice in a record that the lease will terminate on541
594	594	a specified date, which shall be at least five days after the notice is given.542
595	595	(c) If a landlord's noncompliance with the lease or Code Section 44-7A-302 materially543
596	596	interferes with the health or safety of a tenant or immediate family member or the use and544 23 LC 50 0457ER
597	597	H. B. 304
598	598	- 23 -
599	599	enjoyment of the premises by the tenant or immediate family member and it is impossible545
600	600	for the landlord to remedy the noncompliance within the applicable period specified in546
601	601	Code Section 44-7A-401, the tenant may terminate the lease as provided in subsection (b)547
602	602	of Code Section 44-7A-404 or, subject to subsection (d) of this Code section, continue the548
603	603	lease and recover actual damages limited to diminution in the value of the dwelling unit.549
604	604	(d) If a landlord's noncompliance with the lease or Code Section 44-7A-302 materially550
605	605	interferes with the health or safety of a tenant or immediate family member or the use and551
606	606	enjoyment of the premises by the tenant or immediate family member and it is impossible552
607	607	for the landlord to remedy the noncompliance not later than 30 days after receiving the553
608	608	notice under Code Section 44-7A-401, the landlord may terminate the lease by giving the554
609	609	tenant notice in a record that the lease will terminate on a specified date, which shall be at555
610	610	least 30 days after the landlord gives the notice. The landlord shall not rent the unit for 90556
611	611	days after termination of the lease.557
612	612	(e) If a lease is terminated under this Code section, the landlord shall return any security558
613	613	deposit and unearned rent to which the tenant is entitled under Code Section 44-7A-1204.559
614	614	(f) This Code section shall not preclude:560
615	615	(1) A landlord from seeking actual damages from the tenant under law other than this561
616	616	chapter for damage to the premises caused by an act or omission of the tenant, immediate562
617	617	family member, or guest; or563
618	618	(2) A tenant from seeking actual damages from the landlord under law other than this564
619	619	chapter if the fire or other casualty was caused by an act or omission of the landlord or565
620	620	landlord's agent.566
621	621	44-7A-404.567
622	622	(a) If a landlord's noncompliance with the lease or Code Section 44-7A-302 materially568
623	623	interferes with the health or safety of the tenant or immediate family member and the569
624	624	noncompliance is not remedied within the period specified in subparagraph (B) of570 23 LC 50 0457ER
625	625	H. B. 304
626	626	- 24 -
627	627	paragraph (2) of Code Section 44-7A-401, the tenant may terminate the lease by giving the571
628	628	landlord notice in a record of the tenant's intent to terminate the lease immediately or on572
629	629	a specified date, which is not later than 30 days after the date of the notice.573
630	630	(b) If a landlord's noncompliance with the lease or Code Section 44-7A-302 materially574
631	631	interferes with the use and enjoyment of the premises unrelated to the health or safety of575
632	632	the tenant or immediate family member and the noncompliance is not remedied within the576
633	633	period specified in subparagraph (A) of paragraph (2) of Code Section 44-7A-401, the577
634	634	tenant may terminate the lease by giving the landlord notice in a record of the tenant's578
635	635	intent to terminate the lease on a specified date, which shall be at least 14 days after the579
636	636	expiration of the period allowed under Code Section 44-7A-401 for the remedy of the580
637	637	noncompliance.581
638	638	(c) In addition to terminating a lease as provided in subsection (a) or (b) of this Code582
639	639	section, the tenant may recover actual damages.583
640	640	(d) If a tenant terminates a lease under this Code section, the landlord shall return any584
641	641	security deposit and unearned rent to which the tenant is entitled under Code Section585
642	642	44-7A-1204.586
643	643	44-7A-405.587
644	644	(a) Except as otherwise provided in subsection (d) of this Code section, if a landlord does588
645	645	not deliver physical possession of the dwelling unit to the tenant under Code Section589
646	646	44-7A-301, the tenant is not required to pay rent until possession is delivered and may:590
647	647	(1) Terminate the lease by giving notice in a record to the landlord at any time before the591
648	648	landlord delivers possession of the unit to the tenant; or592
649	649	(2) Demand performance of the lease by the landlord and:593
650	650	(A) Recover actual damages and obtain possession of the unit from the landlord; or594
651	651	(B) Obtain possession of the unit from any person wrongfully in possession by any595
652	652	lawful means the landlord could have used.596 23 LC 50 0457ER
653	653	H. B. 304
654	654	- 25 -
655	655	(b) If a tenant terminates the lease under paragraph (1) of subsection (a) of this Code597
656	656	section, the landlord shall return any amounts received from the tenant before the598
657	657	commencement of the term of the lease.599
658	658	(c) In addition to the rights of a tenant under subsections (a) and (b) of this Code section,600
659	659	if a landlord's failure to deliver possession to the tenant under Code Section 44-7A-301 is601
660	660	willful, the tenant may recover three times the periodic rent or three times the actual602
661	661	damages, whichever is greater.603
662	662	(d) If a tenant seeks possession under subparagraph (a)(2)(B) of this Code section, the604
663	663	tenant is liable to the landlord for rent and may recover from the person wrongfully in605
664	664	possession the damages provided in Code Section 44-7A-802.606
665	665	44-7A-406.607
666	666	(a) Subject to subsection (d) of this Code section, if a landlord fails to comply with the608
667	667	lease or Code Section 44-7A-302, the tenant may give notice to the landlord under Code609
668	668	Section 44-7A-401 specifying the noncompliance. If the landlord fails to remedy the610
669	669	noncompliance within the applicable period specified in Code Section 44-7A-401 and the611
670	670	reasonable cost to remedy the noncompliance does not exceed one month's periodic rent,612
671	671	the tenant may make repairs to remedy the noncompliance at the landlord's expense.613
672	672	(b) A tenant that makes repairs under subsection (a) of this Code section is entitled to614
673	673	recover the actual and reasonable cost incurred or the reasonable value of the work615
674	674	performed to remedy the noncompliance, not exceeding one month's periodic rent. Unless616
675	675	the tenant has been reimbursed by the landlord, the tenant may deduct the cost or value617
676	676	from rent after submitting to the landlord an itemized statement, accompanied by receipts618
677	677	for purchased items and services.619
678	678	(c) A repair under subsection (a) of this Code section shall be made in a professional620
679	679	manner and in compliance with applicable law.621 23 LC 50 0457ER
680	680	H. B. 304
681	681	- 26 -
682	682	(d) A tenant shall not repair a noncompliance at the landlord's expense under subsection622
683	683	(a) of this Code section to the extent:623
684	684	(1) The noncompliance was caused by an act or omission of the tenant, immediate family624
685	685	member, or guest; or625
686	686	(2) The landlord was unable to remedy the noncompliance within the applicable period626
687	687	specified in Code Section 44-7A-401 because the tenant, immediate family member, or627
688	688	guest denied the landlord access to the dwelling unit.628
689	689	(e) A tenant's use of the remedy under this Code section is limited to one month's periodic629
690	690	rent during any 12 month period.630
691	691	44-7A-407.631
692	692	(a) Except as otherwise provided in Code Section 44-7A-403, if a tenant fails to receive632
693	693	an essential service the landlord has a duty to provide under subsection (b) of Code Section633
694	694	44-7A-302, the tenant may give notice to the landlord under Code Section 44-7A-401634
695	695	specifying the failure. If the landlord fails to provide the essential service within the635
696	696	applicable period specified in Code Section 44-7A-401, the tenant may:636
697	697	(1) Take appropriate measures to secure the essential service during the period of the637
698	698	landlord's noncompliance and deduct the actual and reasonable cost from the rent; or638
699	699	(2) Procure comparable substitute housing at the landlord's expense during the period of639
700	700	the noncompliance and recover actual damages.640
701	701	(b) This Code section shall not apply if the tenant's failure to receive the essential service641
702	702	was caused by an act or omission of the tenant, immediate family member, or guest.642
703	703	44-7A-408.643
704	704	(a) If a landlord fails to comply with the lease or Code Section 44-7A-302 and the tenant644
705	705	has complied with Code Section 44-7A-401, the tenant may defend an action by the645
706	706	landlord based on nonpayment of rent on the ground that no rent was due because of the646 23 LC 50 0457ER
707	707	H. B. 304
708	708	- 27 -
709	709	noncompliance and counterclaim for any amount the tenant may recover under the lease647
710	710	or this chapter.648
711	711	(b) If a tenant is in possession of the dwelling unit when the landlord files an action based649
712	712	on nonpayment of rent, either party may seek a court order directing the tenant to pay all650
713	713	or part of the unpaid rent and all additional rent as it accrues into an escrow account with651
714	714	the court or a bank or other entity authorized by the court to hold funds in escrow.652
715	715	(c) If rent has been paid into escrow under this Code section and the court determines the653
716	716	landlord fully complied with the lease and Code Section 44-7A-302, the court shall order654
717	717	the immediate release to the landlord of rent held in escrow and enter judgment for any655
718	718	remaining rent owed.656
719	719	(d) If rent has been paid into escrow under this Code section and the court determines that657
720	720	the landlord's noncompliance with the lease or Code Section 44-7A-302 materially658
721	721	interferes with the health or safety of a tenant or an immediate family member or the use659
722	722	and enjoyment of the premises by the tenant or an immediate family member, the court660
723	723	may order one or more of the following:661
724	724	(1) Release to the landlord of all or part of the rent held in escrow to be used only to662
725	725	bring the premises into compliance with the lease or Code Section 44-7A-302;663
726	726	(2) Return to the tenant of all or part of the rent held in escrow in compensation for:664
727	727	(A) A repair made by the tenant in compliance with Code Section 44-7A-406; or665
728	728	(B) Actual damages;666
729	729	(3) The tenant's continued payment of rent into escrow as rent becomes due or abatement667
730	730	of future rent until the landlord brings the premises into compliance with the lease or668
731	731	Code Section 44-7A-302; and669
732	732	(4) Payment to the landlord of any rent held in escrow not otherwise payable to the670
733	733	tenant.671 23 LC 50 0457ER
734	734	H. B. 304
735	735	- 28 -
736	736	(e) If rent has not been paid into escrow under this Code section and the court determines672
737	737	that the landlord complied with the lease and Code Section 44-7A-302, the court shall673
738	738	render judgment for unpaid rent.674
739	739	(f) If rent has not been paid into escrow under this Code section and the court determines675
740	740	that the landlord's noncompliance with the lease or Code Section 44-7A-302 materially676
741	741	interferes with the health or safety of a tenant or immediate family member or the use and677
742	742	enjoyment of the premises by the tenant or an immediate family member, the court shall678
743	743	render judgment for unpaid rent less any amount expended by the tenant in compliance679
744	744	with Code Section 44-7A-406 to repair the premises and actual damages.680
745	745	(g) In addition to the other remedies provided in this Code section, the court may award681
746	746	possession or other appropriate relief if the court determines the tenant:682
747	747	(1) Acted in bad faith in withholding rent; or683
748	748	(2) Failed to comply with an order to pay rent into escrow under subsection (b) of this684
749	749	Code section or to pay rent or other amounts owed to the landlord under this Code685
750	750	section.686
751	751	(h) The court shall not award possession if the court determines that the tenant withheld687
752	752	rent in good faith and the tenant complies with an order to pay unpaid rent into escrow or688
753	753	to the landlord under this Code section.689
754	754	44-7A-409.690
755	755	(a) If a landlord unlawfully removes or excludes the tenant from the premises or willfully691
756	756	interrupts or causes the interruption of an essential service the landlord has the duty to692
757	757	provide to the tenant, the tenant may recover three times the periodic rent or three times693
758	758	damages, whichever is greater, and:694
759	759	(1) Recover possession; or695
760	760	(2) Terminate the lease by giving the landlord notice in a record of the tenant's intent to696
761	761	terminate the lease immediately or on a later specified date.697 23 LC 50 0457ER
762	762	H. B. 304
763	763	- 29 -
764	764	(b) If a tenant terminates the lease under paragraph (2) of subsection (a) of this Code698
765	765	section, the landlord shall return any security deposit and unearned rent to which the tenant699
766	766	is entitled under Code Section 44-7A-1204.700
767	767	ARTICLE 5701
768	768	44-7A-501.702
769	769	(a) As used in this Code section, the term 'normal wear and tear' means deterioration that703
770	770	results from the intended use of a dwelling unit, including breakage or malfunction due to704
771	771	age or deteriorated condition. Such term does not include deterioration that results from705
772	772	negligence, carelessness, accident, or abuse of the unit, fixtures, equipment, or other706
773	773	tangible personal property by the tenant, immediate family member, or guest.707
774	774	(b) A tenant:708
775	775	(1) Shall comply with the obligations imposed on the tenant by the lease and this chapter;709
776	776	(2) Shall comply with the obligations imposed on a tenant by any building, housing, fire,710
777	777	or health code or other law;711
778	778	(3) Except with respect to duties imposed on the landlord by the lease, this chapter, or712
779	779	law other than this chapter, shall keep the dwelling unit reasonably safe and sanitary;713
780	780	(4) Shall remove all garbage, rubbish, and other debris from the unit in a clean and safe714
781	781	manner;715
782	782	(5) Shall keep all plumbing fixtures in the unit reasonably clean;716
783	783	(6) Shall use in a reasonable manner all electrical, plumbing, heating, ventilating, and717
784	784	air-conditioning systems and other facilities and appliances on the premises;718
785	785	(7) Without the landlord's consent, shall not intentionally or negligently:719
786	786	(A) Destroy, deface, damage, impair, remove, or render inoperative any part of the720
787	787	premises;721 23 LC 50 0457ER
788	788	H. B. 304
789	789	- 30 -
790	790	(B) Destroy, deface, damage, impair, remove, or render inoperative any safety722
791	791	equipment on the premises; or723
792	792	(C) Permit an immediate family member or guest to do any of the acts specified in this724
793	793	paragraph;725
794	794	(8) Shall not disturb the use and enjoyment of the premises by another tenant or permit726
795	795	an immediate family member or guest to do the same;727
796	796	(9) Shall not engage in or permit an immediate family member or guest to engage in728
797	797	criminal activity;729
798	798	(10) Shall notify the landlord within a reasonable time of any condition of the premises730
799	799	which requires repair by the landlord under the lease or Code Section 44-7A-302;731
800	800	(11) Shall return the dwelling unit to the landlord at the termination of the lease in the732
801	801	same condition as it was at the commencement of the term of the lease, with the premises733
802	802	free of any damage caused by the tenant, immediate family member, or guest, except for:734
803	803	(A) Normal wear and tear;735
804	804	(B) Damage resulting from a cause beyond the control of the tenant, immediate family736
805	805	member, or guest; and737
806	806	(C) Any addition and improvement installed on the premises with the landlord's738
807	807	consent; and739
808	808	(12) Unless the landlord and tenant otherwise agree, shall use the dwelling unit only for740
809	809	residential purposes.741
810	810	ARTICLE 6742
811	811	44-7A-601.743
812	812	(a) Except as otherwise provided by law other than this chapter and subject to subsection744
813	813	(b) of this Code section:745 23 LC 50 0457ER
814	814	H. B. 304
815	815	- 31 -
816	816	(1) A landlord may terminate a lease for nonpayment of rent when the rent is unpaid746
817	817	when due by giving the tenant notice in a record stating that if the rent remains unpaid747
818	818	14 days after the notice is given, the lease will terminate on expiration of the 14 day748
819	819	period or a later specified date; or749
820	820	(2) If there is a material noncompliance with a lease or this chapter by the tenant, other750
821	821	than nonpayment of rent, the landlord may give the tenant notice in a record specifying751
822	822	the act or omission constituting the noncompliance and stating that if the noncompliance752
823	823	is not remedied not later than 14 days after the landlord gives the notice, the lease will753
824	824	terminate on a specified date which shall be at least 30 days after the landlord gives the754
825	825	notice.755
826	826	(b) A landlord may terminate the lease without giving the tenant an opportunity to remedy756
827	827	a noncompliance by giving the tenant the notice described in subsection (c) of this Code757
828	828	section if:758
829	829	(1) The tenant failed to pay rent in a timely manner on at least two occasions within the759
830	830	four-month period preceding the notice to terminate the lease;760
831	831	(2) The tenant committed substantially the same act or omission for which notice under761
832	832	paragraph (2) of subsection (a) of this Code section was given within six months762
833	833	preceding the latest noncompliance;763
834	834	(3) The noncompliance by the tenant, immediate family member, or guest poses an764
835	835	actual and imminent threat to the health or safety of any individual on the premises or the765
836	836	landlord or landlord's agent; or766
837	837	(4) Subject to subsection (e) of this Code section, the tenant, immediate family member,767
838	838	or guest has committed a criminal act.768
839	839	(c) Notice in a record terminating a lease under subsection (b) of this Code section shall769
840	840	specify the reason for the termination and state that:770 23 LC 50 0457ER
841	841	H. B. 304
842	842	- 32 -
843	843	(1) For a termination under paragraph (1) or (2) of subsection (b) of this Code section,771
844	844	the lease will terminate on a specified date, which shall be at least 14 days after the772
845	845	landlord gave the notice; or773
846	846	(2) For a termination under paragraph (3) or (4) of subsection (b) of this Code section,774
847	847	the lease will terminate immediately or on a later specified date.775
848	848	(d) Except as otherwise provided in this chapter, if a tenant fails to comply with Code776
849	849	Section 44-7A-501, the landlord may:777
850	850	(1) Obtain injunctive relief or specific performance; or778
851	851	(2) Regardless of whether the lease terminates as a result of the tenant's noncompliance,779
852	852	recover actual damages.780
853	853	(e) A landlord shall not terminate a lease under paragraph (4) of subsection (b) of this781
854	854	Code section if the criminal act was the act of an immediate family member or guest, and782
855	855	the tenant:783
856	856	(1) Neither knew nor should have known the act was going to be committed; and784
857	857	(2) Took reasonable steps to ensure that there will not be a repeated criminal act on the785
858	858	premises by the immediate family member or guest.786
859	859	44-7A-602.787
860	860	(a) Subject to subsection (b) of this Code section, acceptance by a landlord of rent for two788
861	861	or more successive rental periods with knowledge of noncompliance by the tenant with the789
862	862	lease or this chapter or acceptance by the landlord of the tenant's performance that varies790
863	863	from the terms of the lease or this chapter is a waiver of the landlord's right to terminate791
864	864	the lease for the noncompliance, unless the landlord and tenant otherwise agree after the792
865	865	noncompliance occurs.793
866	866	(b) This Code section shall not prevent a landlord or tenant from exercising a right under794
867	867	Code Section 44-7A-801 to terminate a periodic tenancy.795 23 LC 50 0457ER
868	868	H. B. 304
869	869	- 33 -
870	870	44-7A-603.796
871	871	(a) Distraint for rent is abolished.797
872	872	(b) A landlord shall not create, perfect, or enforce a lien or security interest on a tenant's798
873	873	tangible personal property to secure the tenant's performance under the lease or this799
874	874	chapter. This subsection shall not apply to a lien or security interest created or perfected800
875	875	before July 1, 2023.801
876	876	44-7A-604.802
877	877	(a) As used in this Code section, the term 'reasonable efforts' means steps a landlord would803
878	878	take to rent a dwelling unit if the unit is vacated at the end of a term, including showing the804
879	879	unit to a prospective tenant or advertising the availability of the unit.805
880	880	(b) A tenant abandons a dwelling unit if:806
881	881	(1) The tenant delivers possession of the unit to the landlord before the end of the term807
882	882	by returning the keys or other means of access or otherwise notifies the landlord the unit808
883	883	has been vacated; or809
884	884	(2) Rent that is due was not paid for at least five days and the tenant has:810
885	885	(A) Vacated the unit by removing substantially all of the tenant's personal property811
886	886	from the unit and the premises; and812
887	887	(B) Caused the termination of an essential service or otherwise indicated by words or813
888	888	conduct that the tenant has no intention to return to the unit.814
889	889	(c) If a tenant abandons the dwelling unit before the end of the term of the lease, the815
890	890	landlord may recover possession of the unit without a court order and may:816
891	891	(1) Accept the tenant's abandonment of the unit by notice in a record given to the tenant,817
892	892	in which case:818
893	893	(A) The lease terminates on the date of abandonment;819 23 LC 50 0457ER
894	894	H. B. 304
895	895	- 34 -
896	896	(B) The landlord and tenant are liable to each other under the lease only for a820
897	897	noncompliance with the lease or this chapter which occurred before the lease821
898	898	terminates; and822
899	899	(C) The landlord shall return any security deposit and unearned rent to which the tenant823
900	900	is entitled under Code Section 44-7A-1204; or824
901	901	(2) Treat the abandonment as wrongful.825
902	902	(d) If a landlord treats abandonment of a dwelling unit as wrongful under paragraph (2)826
903	903	of subsection (c) of this Code section, the tenant remains liable under the lease and the827
904	904	landlord has a duty to mitigate by making reasonable efforts to rent the unit, subject to the828
905	905	following rules:829
906	906	(1) The landlord's duty to mitigate does not take priority over the landlord's right to lease830
907	907	first any other dwelling unit the landlord has available to lease;831
908	908	(2) If the landlord leases the abandoned unit to another person for a term beginning832
909	909	before the expiration of the term of the lease of the abandoning tenant, the lease833
910	910	terminates as of the date of the new tenancy and the landlord may recover actual damages834
911	911	from the abandoning tenant;835
912	912	(3) If the landlord makes reasonable efforts to lease the abandoning tenant's unit but is836
913	913	unable to lease it or is able to lease it only for an amount less than the rent payable by the837
914	914	abandoning tenant, the landlord may recover actual damages from the abandoning tenant;838
915	915	(4) If the landlord fails to make reasonable efforts to lease the abandoning tenant's unit,839
916	916	the lease terminates as of the date of abandonment, and the landlord and tenant are liable840
917	917	to each other under the lease or this chapter only for a noncompliance with the lease or841
918	918	this chapter which occurred before the date of abandonment; and842
919	919	(5) After deducting the landlord's actual damages, the landlord shall return any security843
920	920	deposit and unearned rent to which the tenant is entitled under Code Section 44-7A-1204.844 23 LC 50 0457ER
921	921	H. B. 304
922	922	- 35 -
923	923	44-7A-605.845
924	924	Except as otherwise provided in Code Section 44-7A-604, a landlord:846
925	925	(1) Shall not recover or take possession of a dwelling unit by an act of self-help,847
926	926	including willful interruption or causing the willful interruption of an essential service to848
927	927	the unit; and849
928	928	(2) May recover possession of a dwelling unit following termination of a lease only850
929	929	through an action permitted by law other than this chapter.851
930	930	ARTICLE 7852
931	931	44-7A-701.853
932	932	(a) Except as otherwise provided in this Code section, a landlord shall not enter a dwelling854
933	933	unit unless:855
934	934	(1) Entry is permitted by the lease or the tenant otherwise agrees;856
935	935	(2) Entry is under a court order;857
936	936	(3) The tenant has abandoned the unit under Code Section 44-7A-604; or858
937	937	(4) Permitted by law other than this chapter.859
938	938	(b) A tenant shall not unreasonably withhold consent for the landlord to enter the dwelling860
939	939	unit to:861
940	940	(1) Inspect the unit;862
941	941	(2) Make a necessary or agreed-to repair, alteration, or improvement;863
942	942	(3) Supply a necessary or agreed-to service; or864
943	943	(4) Exhibit the unit to a prospective or actual purchaser, mortgagee, tenant, worker, or865
944	944	contractor or a public official responsible for enforcing a building, housing, fire, or health866
945	945	code or other law.867 23 LC 50 0457ER
946	946	H. B. 304
947	947	- 36 -
948	948	(c) Except as otherwise provided in subsection (d) or (e) of this Code section, a landlord868
949	949	may enter a dwelling unit only at a reasonable time and with the tenant's consent and shall869
950	950	give the tenant at least 24 hours' notice of the intent to enter the unit.870
951	951	(d) For routine maintenance or pest control, a landlord may enter the dwelling unit without871
952	952	the tenant's consent if the landlord gives the tenant:872
953	953	(1) At least 72 hours' notice of the intent to enter the unit; or873
954	954	(2) A fixed schedule for maintenance or pest control at least 72 hours before the first874
955	955	scheduled entry into the unit.875
956	956	(e) In an emergency or when maintenance or repairs are being made at a tenant's request,876
957	957	the landlord may enter the dwelling unit without the tenant's consent if the landlord gives877
958	958	notice that is reasonable under the circumstances. If the landlord enters the unit when the878
959	959	tenant is not present and notice was not given, the landlord shall leave notice of the entry879
960	960	in a conspicuous place in the unit stating the fact of entry, the date and time of entry, and880
961	961	the reason for the entry.881
962	962	(f) When notice is given under this Code section before the landlord enters the unit, the882
963	963	notice shall state the intended purpose for the entry and the date and a reasonable period883
964	964	during which the landlord anticipates making the entry.884
965	965	(g) A landlord shall not abuse the right under this Code section to enter a tenant's dwelling885
966	966	unit or use the right to harass the tenant.886
967	967	44-7A-702.887
968	968	(a) If a tenant unreasonably refuses to allow the landlord access to the dwelling unit, the888
969	969	landlord may recover actual damages or one month's periodic rent, whichever is greater,889
970	970	and:890
971	971	(1) The court may compel the tenant to grant the landlord access to the unit; or891
972	972	(2) The landlord may terminate the lease by giving the tenant notice in a record stating892
973	973	that if the tenant fails to grant the landlord access to the unit not later than 14 days after893 23 LC 50 0457ER
974	974	H. B. 304
975	975	- 37 -
976	976	the notice, the lease will terminate on expiration of the 14 day period or on a later894
977	977	specified date.895
978	978	(b) If a landlord unlawfully enters a tenant's dwelling unit, lawfully enters but in an896
979	979	unreasonable manner, or makes repeated demands to enter that are otherwise lawful but897
980	980	have the effect of harassing the tenant, the tenant may recover actual damages or one898
981	981	month's periodic rent, whichever is greater, and:899
982	982	(1) Seek injunctive relief to prevent the recurrence of the conduct; or900
983	983	(2) Terminate the lease by giving the landlord notice in a record that the lease will901
984	984	terminate immediately or on a later specified date which is not later than 30 days after902
985	985	notice is given.903
986	986	ARTICLE 8904
987	987	44-7A-801.905
988	988	(a) A periodic tenancy continues until the landlord or tenant gives the other the notice906
989	989	under subsection (b) of this Code section.907
990	990	(b) Except as otherwise provided in this chapter, a landlord or tenant may terminate a908
991	991	periodic tenancy:909
992	992	(1) For week to week, by giving the other at least five days' notice in a record of the910
993	993	party's intent to terminate the tenancy on a specified date; and911
994	994	(2) For month to month, by giving the other at least one month's notice in a record of the912
995	995	party's intent to terminate the tenancy at the end of the monthly period.913
996	996	44-7A-802.914
997	997	(a) Except as otherwise provided in subsection (b) of this Code section and subparagraph915
998	998	(a)(2)(B) of Code Section 44-7A-405, if a tenant remains in possession without the916
999	999	landlord's consent after expiration of a tenancy for a fixed term or termination of a periodic917 23 LC 50 0457ER
1000	1000	H. B. 304
1001	1001	- 38 -
1002	1002	tenancy, the landlord may bring an action for possession. If the tenant's holdover is willful,918
1003	1003	the landlord may recover three times the periodic rent or three times the actual damages,919
1004	1004	whichever is greater.920
1005	1005	(b) Unless a landlord and tenant otherwise agree in a record, if the tenant remains in921
1006	1006	possession with the landlord's consent after expiration of a tenancy for a fixed term, a922
1007	1007	periodic tenancy for month to month arises under the same terms as the expired lease.923
1008	1008	44-7A-803.924
1009	1009	(a) If a sole tenant under a lease dies before the end of a tenancy for a fixed term or a925
1010	1010	periodic tenancy, the tenant's surviving spouse who resides in the dwelling unit may926
1011	1011	assume the lease by giving the landlord notice in a record not later than 20 days after the927
1012	1012	tenant's death stating the intent of the spouse to assume the lease. On assuming the lease,928
1013	1013	the spouse becomes the tenant under the lease.929
1014	1014	(b) Except as otherwise provided in this Code section or law other than this chapter, a930
1015	1015	landlord or tenant representative may terminate the lease of a deceased tenant by giving to931
1016	1016	the other and to a surviving spouse of the tenant who resides in the dwelling unit notice in932
1017	1017	a record. The notice shall state the lease will terminate on a specified date, which shall be933
1018	1018	at least 30 days after the notice in the case of a tenancy for a fixed term or a specified date934
1019	1019	consistent with subsection (b) of Code Section 44-7A-801 in the case of a periodic tenancy.935
1020	1020	Notice sent to a surviving spouse shall also state that the surviving spouse has 20 days after936
1021	1021	receipt of the notice to assume the lease. If the spouse assumes the lease, the spouse937
1022	1022	becomes the tenant under the lease.938
1023	1023	(c) If a deceased tenant is survived by a spouse who resides in the dwelling unit, notice to939
1024	1024	terminate a lease under subsection (b) of this Code section shall not be given before the940
1025	1025	time specified in subsection (a) of this Code section expires.941
1026	1026	(d) If a landlord is unable to contact a deceased tenant's surviving spouse who resides in942
1027	1027	the dwelling unit or tenant representative for the purpose of terminating the lease under943 23 LC 50 0457ER
1028	1028	H. B. 304
1029	1029	- 39 -
1030	1030	subsection (b) of this Code section, the landlord may terminate the lease without notice if944
1031	1031	rent that was due was not paid for at least 25 days.945
1032	1032	ARTICLE 9946
1033	1033	44-7A-901.947
1034	1034	(a) A landlord shall not engage in conduct described in subsection (b) of this Code section948
1035	1035	if the landlord's purpose is to retaliate against a tenant that:949
1036	1036	(1) Complained to a governmental agency responsible for enforcement of a building,950
1037	1037	housing, fire, or health code or other law, alleging a violation applicable to the premises951
1038	1038	materially affecting the health or safety of the tenant or immediate family member;952
1039	1039	(2) Complained to a governmental agency responsible for enforcement of laws953
1040	1040	prohibiting discrimination in rental housing;954
1041	1041	(3) Complained to the landlord of noncompliance with the lease or Code Section955
1042	1042	44-7A-302;956
1043	1043	(4) Organized or became a member of a tenant's union or similar organization;957
1044	1044	(5) Exercised or attempted to exercise a right or remedy under the lease, this chapter, or958
1045	1045	law other than this chapter; or959
1046	1046	(6) Pursued an action or administrative remedy against the landlord or testified against960
1047	1047	the landlord in court or an administrative proceeding.961
1048	1048	(b) Conduct that may be retaliatory under subsection (a) of this Code section includes962
1049	1049	doing or threatening to do any of the following:963
1050	1050	(1) Increasing the rent or fees;964
1051	1051	(2) Decreasing services, increasing the tenant's obligations, imposing different rules on,965
1052	1052	or selectively enforcing the landlord's rules against, the tenant or immediate family966
1053	1053	member, or otherwise materially altering the terms of the lease;967
1054	1054	(3) Bringing an action for possession on a ground other than nonpayment of rent;968 23 LC 50 0457ER
1055	1055	H. B. 304
1056	1056	- 40 -
1057	1057	(4) Refusing to renew a tenancy for a fixed term under a lease containing a renewal969
1058	1058	option that is exercisable by the tenant without negotiation with the landlord, for any970
1059	1059	period after the lease would otherwise terminate;971
1060	1060	(5) Terminating a periodic tenancy; or972
1061	1061	(6) Committing a criminal act against the tenant, immediate family member, or guest.973
1062	1062	(c) A landlord is not liable for retaliation under subsection (a) of this Code section if:974
1063	1063	(1) The violation of which the tenant complained under paragraph (1) or (2) of975
1064	1064	subsection (a) of this Code section was caused primarily by the tenant, immediate family976
1065	1065	member, or guest;977
1066	1066	(2) The tenant's conduct described in subsection (a) of this Code section was in an978
1067	1067	unreasonable manner or at an unreasonable time or was repeated in a manner harassing979
1068	1068	the landlord;980
1069	1069	(3) The tenant was in default in the payment of rent at the time notice of the action981
1070	1070	described in paragraph (3) of subsection (b) of this Code section was sent;982
1071	1071	(4) The tenant, immediate family member, or guest engaged in conduct that threatened983
1072	1072	the health or safety of another tenant on the premises;984
1073	1073	(5) The tenant, immediate family member, or guest engaged in a criminal act;985
1074	1074	(6) The landlord is seeking to recover possession based on a notice to terminate the lease986
1075	1075	and the notice was given to the tenant before the tenant engaged in conduct described in987
1076	1076	subsection (a) of this Code section; or988
1077	1077	(7) The landlord is complying or complied with a building, housing, fire, or health code989
1078	1078	or other law by making a required repair, alteration, remodeling, or demolition that990
1079	1079	effectively deprives the tenant of the use and enjoyment of the premises.991 23 LC 50 0457ER
1080	1080	H. B. 304
1081	1081	- 41 -
1082	1082	44-7A-902.992
1083	1083	(a) If a landlord's purpose for engaging in conduct described in subsection (b) of Code993
1084	1084	Section 44-7A-901 is to retaliate against the tenant for conduct described in subsection (a)994
1085	1085	of Code Section 44-7A-901:995
1086	1086	(1) The tenant has a defense against an action for possession, may recover possession,996
1087	1087	or may terminate the lease; and997
1088	1088	(2) The tenant may recover three times the periodic rent or three times the actual998
1089	1089	damages, whichever is greater.999
1090	1090	(b) If a tenant terminates a lease under subsection (a) of this Code section, the landlord1000
1091	1091	shall return any security deposit and unearned rent to which the tenant is entitled under1001
1092	1092	Code Section 44-7A-1204.1002
1093	1093	(c) A tenant's exercise of a right under this Code section shall not release the landlord from1003
1094	1094	liability under Code Section 44-7A-402.1004
1095	1095	44-7A-903.1005
1096	1096	(a) Except as otherwise provided in subsection (b) of this Code section, evidence that a1006
1097	1097	tenant engaged in conduct described in subsection (a) of Code Section 44-7A-901 within1007
1098	1098	six months before the landlord's alleged retaliatory conduct creates a rebuttable1008
1099	1099	presumption that the purpose of the landlord's conduct was retaliation.1009
1100	1100	(b) A presumption does not arise under subsection (a) of this Code section if the tenant1010
1101	1101	engaged in conduct described in subsection (a) of Code Section 44-7A-901 after the1011
1102	1102	landlord gave the tenant notice of the landlord's intent to engage in conduct described in1012
1103	1103	paragraphs (1) through (5) of subsection (b) of Code Section 44-7A-901.1013
1104	1104	(c) A landlord may rebut a presumption under subsection (a) of this Code section by a1014
1105	1105	preponderance of evidence showing that the landlord had sufficient justification for1015
1106	1106	engaging in the conduct that created the presumption and would have engaged in the1016 23 LC 50 0457ER
1107	1107	H. B. 304
1108	1108	- 42 -
1109	1109	conduct in the same manner and at the same time whether or not the tenant engaged in1017
1110	1110	conduct described in subsection (a) of Code Section 44-7A-901.1018
1111	1111	44-7A-904.1019
1112	1112	If a tenant engages in conduct described in paragraph (1) or (5) of subsection (a) of Code1020
1113	1113	Section 44-7A-901 knowing there is no factual or legal basis for the conduct, the landlord1021
1114	1114	may recover actual damages and the court may award the landlord up to three times the1022
1115	1115	periodic rent.1023
1116	1116	ARTICLE 101024
1117	1117	44-7A-1001.1025
1118	1118	(a) For purposes of this article, possession of a dwelling unit is relinquished to the landlord1026
1119	1119	when:1027
1120	1120	(1) The tenant vacates the unit at the termination of the tenancy; or1028
1121	1121	(2) The tenant abandons the unit under Code Section 44-7A-604.1029
1122	1122	(b) If personal property remains on the premises after possession of a dwelling unit is1030
1123	1123	relinquished to the landlord and the landlord and tenant do not agree otherwise at the time1031
1124	1124	of relinquishment, the landlord shall:1032
1125	1125	(1) Subject to subsection (c) of this Code section, give the tenant notice in a record of the1033
1126	1126	tenant's right to retrieve the property; and1034
1127	1127	(2) Leave the property in the unit or store the property on the premises or in another1035
1128	1128	place of safekeeping and exercise reasonable care in moving or storing the property.1036
1129	1129	(c) The notice required by paragraph (1) of subsection (b) of this Code section shall be1037
1130	1130	posted at the dwelling unit and:1038 23 LC 50 0457ER
1131	1131	H. B. 304
1132	1132	- 43 -
1133	1133	(1) Sent to any forwarding address the tenant provided to the landlord or an address1039
1134	1134	provided under Code Section 44-7A-109 or, if no address is provided, to the address of1040
1135	1135	the unit;1041
1136	1136	(2) Inform the tenant of the right to contact the landlord to claim the property within the1042
1137	1137	period specified in subsection (d) of this Code section, subject to payment of the1043
1138	1138	landlord's inventorying, moving, and storage costs; and1044
1139	1139	(3) Provide a telephone number, email address, or mailing address at which the landlord1045
1140	1140	may be contacted.1046
1141	1141	(d) If a tenant contacts the landlord to claim personal property not later than eight days1047
1142	1142	after the landlord gives notice under paragraph (1) of subsection (b) of this Code section,1048
1143	1143	the landlord shall permit the tenant to retrieve personal property not later than five days1049
1144	1144	after the date of contact or within a longer period to which the parties agree.1050
1145	1145	(e) A landlord may require the tenant to pay reasonable inventorying, moving, and storage1051
1146	1146	costs before retrieving personal property under subsection (d) of this Code section.1052
1147	1147	(f) This Code section shall not prohibit a landlord from immediately disposing of1053
1148	1148	perishable food, hazardous material, garbage, and trash or transferring an animal to an1054
1149	1149	animal control officer, humane society, or other person willing to care for the animal.1055
1150	1150	(g) Unless a landlord and tenant otherwise agree, if the tenant fails to contact the landlord1056
1151	1151	or retrieve personal property as provided in subsection (d) of this Code section, the1057
1152	1152	property is deemed abandoned and:1058
1153	1153	(1) If a sale is economically feasible, the landlord shall sell the property and, after1059
1154	1154	deducting the reasonable cost of inventorying, moving, storing, and disposing of the1060
1155	1155	property, shall treat the proceeds as part of the tenant's security deposit; or1061
1156	1156	(2) If a sale is not economically feasible, the landlord may dispose of the property in any1062
1157	1157	manner the landlord considers appropriate.1063
1158	1158	(h) A landlord that complies with this Code section is not liable to the tenant or another1064
1159	1159	person for a claim arising from removal of personal property from the premises.1065 23 LC 50 0457ER
1160	1160	H. B. 304
1161	1161	- 44 -
1162	1162	(i) A landlord that recovers possession of a dwelling unit under a court order is not1066
1163	1163	required to comply with this Code section. If a landlord that recovers possession under a1067
1164	1164	court order complies with this Code section, such landlord is not liable to the tenant or1068
1165	1165	another person for a claim arising from removal of personal property from the premises.1069
1166	1166	44-7A-1002.1070
1167	1167	(a) If a landlord knows that a tenant who was the sole occupant of the dwelling unit has1071
1168	1168	died, the landlord:1072
1169	1169	(1) Shall notify a tenant representative of the death;1073
1170	1170	(2) Shall give the representative access to the premises at a reasonable time to remove1074
1171	1171	any personal property from the unit and other personal property of the tenant elsewhere1075
1172	1172	on the premises;1076
1173	1173	(3) May require the representative to prepare and sign an inventory of the property being1077
1174	1174	removed; and1078
1175	1175	(4) Shall pay the representative the deceased tenant's security deposit and unearned rent1079
1176	1176	to which the tenant otherwise would have been entitled under Code Section 44-7A-1204.1080
1177	1177	(b) A contact person or heir accepts appointment as a tenant representative by exercising1081
1178	1178	authority under this chapter or other assertion or conduct indicating acceptance.1082
1179	1179	(c) The authority of a contact person or heir to act under this chapter terminates when the1083
1180	1180	person, heir, or landlord knows that a personal representative has been appointed for the1084
1181	1181	deceased tenant's estate.1085
1182	1182	(d) A landlord that complies with this Code section is not liable to the tenant's estate or1086
1183	1183	another person for unearned rent, a security deposit, or a claim arising from removal of1087
1184	1184	personal property from the premises.1088
1185	1185	(e) A landlord that willfully violates subsection (a) of this Code section is liable to the1089
1186	1186	estate of the deceased tenant for actual damages.1090 23 LC 50 0457ER
1187	1187	H. B. 304
1188	1188	- 45 -
1189	1189	(f) In addition to the rights provided in this Code section, a tenant representative has the1091
1190	1190	deceased tenant's rights and responsibilities under Code Section 44-7A-1001.1092
1191	1191	44-7A-1003.1093
1192	1192	(a) If a landlord knows of the death of a tenant who, at the time of death, was the sole1094
1193	1193	occupant of the dwelling unit, and the landlord terminates the lease under subsection (d)1095
1194	1194	of Code Section 44-7A-803 because the landlord is unable to contact a tenant1096
1195	1195	representative, the landlord:1097
1196	1196	(1) Shall mail notice to the tenant at the tenant's last known address or other address of1098
1197	1197	the tenant known to the landlord and to any person the tenant has told the landlord to1099
1198	1198	contact in the case of an emergency stating:1100
1199	1199	(A) The name of the tenant and address of the dwelling unit;1101
1200	1200	(B) The approximate date of the tenant's death;1102
1201	1201	(C) That, if the personal property on the premises is not claimed within 60 days after1103
1202	1202	the notice was sent, the property is subject to disposal by the landlord; and1104
1203	1203	(D) The landlord's name, telephone number, and mail or email address at which the1105
1204	1204	landlord may be contacted to claim the property; and1106
1205	1205	(2) With the exercise of reasonable care, may leave the property in the dwelling unit or1107
1206	1206	inventory the property and store it on the premises or in another place of safekeeping.1108
1207	1207	(b) If a tenant representative is subsequently identified, the representative may retrieve the1109
1208	1208	deceased tenant's personal property from the landlord not later than 60 days after the notice1110
1209	1209	under subsection (a) of this Code section. The landlord may require the representative to1111
1210	1210	pay the reasonable inventorying, moving, and storage costs before retrieving the property.1112
1211	1211	(c) If a deceased tenant's personal property is not retrieved within the time specified in1113
1212	1212	subsection (b) of this Code section, the landlord may dispose of the property in compliance1114
1213	1213	with subsection (g) of Code Section 44-7A-1001.1115 23 LC 50 0457ER
1214	1214	H. B. 304
1215	1215	- 46 -
1216	1216	(d) A landlord that complies with this Code section is not liable to the tenant's estate or1116
1217	1217	another person for a claim arising from removal of personal property from the premises.1117
1218	1218	ARTICLE 111118
1219	1219	44-7A-1101.1119
1220	1220	As used in this article, the term:1120
1221	1221	(1) 'Attesting third party' means a law enforcement official, licensed healthcare1121
1222	1222	professional, victim advocate, or victim services provider.1122
1223	1223	(2) 'Dating violence' means dating violence as defined in Code Section 19-13A-1.1123
1224	1224	(3) 'Family violence' means family violence as defined in Code Section 19-13-1.1124
1225	1225	(4) 'Perpetrator' means an individual who commits an act of family violence, dating1125
1226	1226	violence, stalking, or sexual assault on a tenant or immediate family member.1126
1227	1227	(5) 'Sexual assault' means the offense of sexual assault as defined in Code Section1127
1228	1228	24-4-413.1128
1229	1229	(6) 'Stalking' means any act of stalking prohibited by Article 7 of Chapter 5 of Title 16.1129
1230	1230	(7) 'Victim advocate' means an individual, whether paid or serving as a volunteer, who1130
1231	1231	provides services to victims of family violence, dating violence, stalking, or sexual1131
1232	1232	assault under the auspices or supervision of a victim services provider, court, or law1132
1233	1233	enforcement or prosecution agency.1133
1234	1234	(8) 'Victim services provider' means a person that assists victims of family violence,1134
1235	1235	dating violence, stalking, or sexual assault. Such term includes a rape crisis center,1135
1236	1236	family violence shelter, or faith based organization or other organization with a history1136
1237	1237	of work concerning family violence, dating violence, stalking, or sexual assault.1137 23 LC 50 0457ER
1238	1238	H. B. 304
1239	1239	- 47 -
1240	1240	44-7A-1102.1138
1241	1241	(a) Subject to subsection (e) of this Code section, if a victim of an act of family violence,1139
1242	1242	dating violence, stalking, or sexual assault is a tenant or immediate family member and has1140
1243	1243	a reasonable fear of suffering psychological harm or a further act of family violence, dating1141
1244	1244	violence, stalking, or sexual assault if the victim continues to reside in the dwelling unit,1142
1245	1245	the tenant, without the necessity of the landlord's consent, is released from the lease if the1143
1246	1246	tenant gives the landlord a notice that complies with subsection (b) of this Code section1144
1247	1247	and:1145
1248	1248	(1) A copy of a court order that restrains a perpetrator from contact with the tenant or1146
1249	1249	immediate family member;1147
1250	1250	(2) Evidence of the conviction or adjudication of a perpetrator for an act of family1148
1251	1251	violence, dating violence, stalking, or sexual assault against the tenant or immediate1149
1252	1252	family member; or1150
1253	1253	(3) A verification that complies with Code Section 44-7A-1104.1151
1254	1254	(b) To be released from a lease under subsection (a) of this Code section, the tenant shall1152
1255	1255	give the landlord notice in a record which:1153
1256	1256	(1) States the tenant's intent to be released from the lease on a date which shall be at least1154
1257	1257	30 days from the date of the notice or, if the perpetrator is a cotenant of the dwelling unit,1155
1258	1258	an earlier date;1156
1259	1259	(2) States facts giving rise to the fear of psychological harm or suffering a further act of1157
1260	1260	family violence, dating violence, stalking, or sexual assault if the victim continues to1158
1261	1261	reside in the unit; and1159
1262	1262	(3) Is given to the landlord:1160
1263	1263	(A) Not later than 90 days after an act of family violence, dating violence, stalking, or1161
1264	1264	sexual assault against the tenant or immediate family member;1162 23 LC 50 0457ER
1265	1265	H. B. 304
1266	1266	- 48 -
1267	1267	(B) When a court order exists that restrains a perpetrator from contact with the tenant1163
1268	1268	or immediate family member because of an act of family violence, dating violence,1164
1269	1269	stalking, or sexual assault; or1165
1270	1270	(C) If the perpetrator was incarcerated, not later than 90 days after the tenant acquired1166
1271	1271	knowledge that the perpetrator is no longer incarcerated.1167
1272	1272	(c) If there is only one individual tenant of the dwelling unit:1168
1273	1273	(1) A release under subsection (a) of this Code section terminates the lease on the date1169
1274	1274	specified in the notice under subsection (b) of this Code section if the tenant vacates the1170
1275	1275	dwelling unit on or before that date; and1171
1276	1276	(2) The tenant is not liable for rent accruing after the lease terminates or other actual1172
1277	1277	damages resulting from termination of the lease, but the tenant remains liable to the1173
1278	1278	landlord for rent and other amounts owed to the landlord before termination of the lease.1174
1279	1279	(d) If there are multiple individual tenants of the dwelling unit:1175
1280	1280	(1) The tenant who gave notice under subsection (b) of this Code section is released from1176
1281	1281	the lease as of the date specified in the notice if the tenant vacates the dwelling unit on1177
1282	1282	or before the specified date, but the release of one tenant under this Code section does not1178
1283	1283	terminate the lease with respect to other tenants;1179
1284	1284	(2) The tenant released from the lease is not liable to the landlord or any other person for1180
1285	1285	rent accruing after the tenant's release or actual damages resulting from the tenant's1181
1286	1286	release;1182
1287	1287	(3) Any other tenant under the lease may recover from the perpetrator actual damages1183
1288	1288	resulting from the termination; and1184
1289	1289	(4) The landlord is not required to return to the tenant released from the lease or a1185
1290	1290	remaining tenant any security deposit or unearned rent to which the tenant is otherwise1186
1291	1291	entitled under Code Section 44-7A-1204 until the lease terminates with respect to all1187
1292	1292	tenants.1188 23 LC 50 0457ER
1293	1293	H. B. 304
1294	1294	- 49 -
1295	1295	(e) This Code section does not apply if a tenant seeking the release from the lease is a1189
1296	1296	perpetrator.1190
1297	1297	44-7A-1103.1191
1298	1298	If a tenant is released from a lease under Code Section 44-7A-1102, the landlord:1192
1299	1299	(1) Except as otherwise provided in paragraph (4) of subsection (d) of Code Section1193
1300	1300	44-7A-1102, shall return any security deposit and unearned rent to which the tenant is1194
1301	1301	entitled under Code Section 44-7A-1204 after the tenant vacates the dwelling unit;1195
1302	1302	(2) Shall not assess a fee or penalty against the tenant for exercising a right granted under1196
1303	1303	Section Code 44-7A-1102; and1197
1304	1304	(3) Shall not disclose information required to be reported to the landlord under Code1198
1305	1305	Section 44-7A-1102 unless:1199
1306	1306	(A) The tenant provides specific, time limited, and contemporaneous consent to the1200
1307	1307	disclosure in a record signed by the tenant; or1201
1308	1308	(B) The information is required to be disclosed by a court order or law other than this1202
1309	1309	chapter.1203
1310	1310	44-7A-1104.1204
1311	1311	(a) A verification given by a tenant under paragraph (3) of subsection (a) of Section1205
1312	1312	44-7A-1102 shall be under oath and include the following:1206
1313	1313	(1) From the tenant:1207
1314	1314	(A) The tenant's name and the address of the dwelling unit;1208
1315	1315	(B) The approximate dates on which an act of family violence, dating violence,1209
1316	1316	stalking, or sexual assault occurred;1210
1317	1317	(C) The approximate date of the most recent act of family violence, dating violence,1211
1318	1318	stalking, or sexual assault;1212 23 LC 50 0457ER
1319	1319	H. B. 304
1320	1320	- 50 -
1321	1321	(D) A statement that because of an act of family violence, dating violence, stalking, or1213
1322	1322	sexual assault, the tenant or immediate family member has a reasonable fear that the1214
1323	1323	tenant or family member will suffer psychological harm or a further act of family1215
1324	1324	violence, dating violence, stalking, or sexual assault if the tenant or family member1216
1325	1325	continues to reside in the unit; and1217
1326	1326	(E) A statement that the representations in the verification are true and accurate to the1218
1327	1327	best of the tenant's knowledge and the tenant understands that the verification could be1219
1328	1328	used as evidence in court; and1220
1329	1329	(2) From an attesting third party:1221
1330	1330	(A) The name, business address, and business telephone number of the party;1222
1331	1331	(B) The capacity in which the party received the information regarding the act of1223
1332	1332	family violence, dating violence, stalking, or sexual assault;1224
1333	1333	(C) A statement that the party has read the tenant's verification and been advised by the1225
1334	1334	tenant that the tenant or immediate family member is the victim of an act of family1226
1335	1335	violence, dating violence, stalking, or sexual assault and has a reasonable fear that the1227
1336	1336	tenant or family member will suffer psychological harm or a further act of family1228
1337	1337	violence, dating violence, stalking, or sexual assault if the tenant or family member1229
1338	1338	continues to reside in the dwelling unit; and1230
1339	1339	(D) A statement that the party, based on the tenant's verification, believes the tenant1231
1340	1340	and understands that the verification may be used as the ground for releasing the tenant1232
1341	1341	from a lease or terminating the tenant's interest under the lease.1233
1342	1342	(b) If a verification given to a landlord by a tenant under paragraph (3) of subsection (a)1234
1343	1343	of Code Section 44-7A-1102 contains a representation of a material fact known by the1235
1344	1344	tenant to be false, the landlord may recover an amount not to exceed three times the1236
1345	1345	periodic rent or three times actual damages, whichever is greater.1237 23 LC 50 0457ER
1346	1346	H. B. 304
1347	1347	- 51 -
1348	1348	44-7A-1105.1238
1349	1349	(a) A landlord may recover from a perpetrator actual damages resulting from a tenant's1239
1350	1350	exercise of a right under Code Section 44-7A-1102 and, if the perpetrator is a party to the1240
1351	1351	lease who remains in possession of the dwelling unit, hold the perpetrator liable on the1241
1352	1352	lease for all obligations under the lease or this chapter.1242
1353	1353	(b) A perpetrator shall not recover actual damages or other relief resulting from the1243
1354	1354	exercise of a right by a tenant under Code Section 44-7A-1102 or a landlord under this1244
1355	1355	Code section.1245
1356	1356	44-7A-1106.1246
1357	1357	(a) Subject to subsections (b) and (c) of this Code section, if a tenant or immediate family1247
1358	1358	member is a victim of an act of family violence, dating violence, stalking, or sexual assault1248
1359	1359	and the tenant has a reasonable fear that the perpetrator or other person acting on the1249
1360	1360	perpetrator's behalf may attempt to gain access to the dwelling unit, the tenant, without the1250
1361	1361	landlord's consent, may cause the locks or other security devices for the unit to be changed1251
1362	1362	or rekeyed in a professional manner and shall give a key or other means of access for the1252
1363	1363	new locks or security devices to the landlord and any other tenant, other than the1253
1364	1364	perpetrator, that is a party to the lease.1254
1365	1365	(b) If locks or other security devices are changed or rekeyed under subsection (a) of this1255
1366	1366	Code section, the landlord may change or rekey them, at the tenant's expense, to ensure1256
1367	1367	compatibility with the landlord's master key or other means of access or otherwise1257
1368	1368	accommodate the landlord's reasonable commercial needs.1258
1369	1369	(c) If a perpetrator is a party to the lease, locks or other security devices shall not be1259
1370	1370	changed or rekeyed under subsection (a) of this Code section unless a court order, other1260
1371	1371	than an ex parte order, expressly requires that the perpetrator vacate the dwelling unit or1261
1372	1372	restrains the perpetrator from contact with the tenant or immediate family member and a1262
1373	1373	copy of the order has been given to the landlord.1263 23 LC 50 0457ER
1374	1374	H. B. 304
1375	1375	- 52 -
1376	1376	(d) A perpetrator shall not recover actual damages or other relief against a landlord or1264
1377	1377	tenant resulting from the exercise of a right by the landlord or tenant under this Code1265
1378	1378	section.1266
1379	1379	44-7A-1107.1267
1380	1380	(a) On issuance of a court order requiring a perpetrator to vacate a dwelling unit because1268
1381	1381	of an act of family violence, dating violence, stalking, or sexual assault, other than an ex1269
1382	1382	parte order, neither the landlord nor tenant has a duty to:1270
1383	1383	(1) Allow the perpetrator access to the unit unless accompanied by a law enforcement1271
1384	1384	officer; or1272
1385	1385	(2) Provide the perpetrator with any means of access to the unit.1273
1386	1386	(b) If a perpetrator is a party to the lease, on issuance of a court order requiring the1274
1387	1387	perpetrator to vacate the dwelling unit, other than an ex parte order, the perpetrator's1275
1388	1388	interest under the lease terminates, and the landlord and any remaining tenant may recover1276
1389	1389	from the perpetrator actual damages resulting from the termination.1277
1390	1390	(c) Termination of a perpetrator's interest under a lease under this Code section does not1278
1391	1391	terminate the interest of any other tenant under the lease or alter the obligations of any1279
1392	1392	other tenant under the lease.1280
1393	1393	(d) A landlord is not required to return to a perpetrator whose interest under the lease1281
1394	1394	terminates under this Code section or to any remaining tenant any security deposit or1282
1395	1395	unearned rent until the lease terminates with respect to all tenants.1283
1396	1396	44-7A-1108.1284
1397	1397	(a) If a landlord has a reasonable belief that a tenant or immediate family member is the1285
1398	1398	victim of an act of family violence, dating violence, stalking, or sexual assault and another1286
1399	1399	tenant of the same landlord who resides in the same building as the tenant is the1287
1400	1400	perpetrator, the landlord may terminate the perpetrator's interest in the lease by giving the1288 23 LC 50 0457ER
1401	1401	H. B. 304
1402	1402	- 53 -
1403	1403	perpetrator notice in a record that the perpetrator's interest will terminate immediately or1289
1404	1404	on a later specified date, which is not later than 30 days after notice is given. The notice1290
1405	1405	shall state that the landlord has a reasonable belief that the perpetrator has committed an1291
1406	1406	act of family violence, dating violence, stalking, or sexual assault and the approximate date1292
1407	1407	of the act.1293
1408	1408	(b) Before giving notice to a perpetrator under subsection (a) of this Code section, the1294
1409	1409	landlord shall give notice of the landlord's intent to terminate the perpetrator's interest to1295
1410	1410	the tenant who was the victim of the act of family violence, dating violence, stalking, or1296
1411	1411	sexual assault or whose immediate family member was the victim. Such notice may be1297
1412	1412	given by any means reasonably calculated to reach the tenant, including oral1298
1413	1413	communication, notice in a record, or notice sent to the tenant at any other address at which1299
1414	1414	the landlord reasonably believes the tenant is located.1300
1415	1415	(c) Failure of a tenant to receive the notice of the landlord's intent to terminate the1301
1416	1416	perpetrator's interest under subsection (b) of this Code section does not affect the landlord's1302
1417	1417	right to terminate under this Code section or expose the landlord to any liability.1303
1418	1418	(d) If a landlord terminates a perpetrator's interest under a lease under this Code section,1304
1419	1419	any other tenant under the lease may recover from the perpetrator actual damages resulting1305
1420	1420	from the termination.1306
1421	1421	(e) Termination of a perpetrator's interest under a lease under this Code section does not1307
1422	1422	terminate the interest of any other tenant under the lease or alter the obligations of any1308
1423	1423	other tenant under the lease.1309
1424	1424	(f) A landlord is not required to return to a perpetrator whose interest under a lease is1310
1425	1425	terminated under this Code section or to any other tenant under the lease any security1311
1426	1426	deposit or unearned rent until the lease terminates with respect to all tenants.1312
1427	1427	(g) In an action between a landlord and tenant involving the right of the landlord to1313
1428	1428	terminate the tenant's interest under this Code section, the landlord shall prove by a1314 23 LC 50 0457ER
1429	1429	H. B. 304
1430	1430	- 54 -
1431	1431	preponderance of the evidence that the landlord had a reasonable belief that the tenant was1315
1432	1432	a perpetrator.1316
1433	1433	44-7A-1109.1317
1434	1434	(a) As used in this Code section, the term 'tenant' includes an applicant seeking to enter1318
1435	1435	into a lease with a landlord.1319
1436	1436	(b) Except as otherwise provided in subsections (d) and (e) of this Code section, a landlord1320
1437	1437	shall not do or threaten to do any act in paragraph (b) of Code Section 44-7A-901 if the1321
1438	1438	landlord's purpose for engaging in the conduct is that:1322
1439	1439	(1) An act of family violence, dating violence, stalking, or sexual assault committed1323
1440	1440	against the tenant or immediate family member resulted in a violation of the lease or this1324
1441	1441	chapter by the tenant; or1325
1442	1442	(2) A complaint of an act of family violence, dating violence, stalking, or sexual assault1326
1443	1443	committed against the tenant or immediate family member resulted in a law enforcement1327
1444	1444	or emergency response.1328
1445	1445	(c) Except as otherwise provided in subsection (d) of this Code section, a landlord shall1329
1446	1446	not refuse or threaten to refuse to rent a dwelling unit if the landlord's purpose for the1330
1447	1447	refusal or threat is that a tenant or an immediate family member is or has been the victim1331
1448	1448	of an act of family violence, dating violence, stalking, or sexual assault.1332
1449	1449	(d) Evidence that any of the events described in subsection (b) or (c) of this Code section1333
1450	1450	occurred within six months before the landlord's conduct creates a presumption that the1334
1451	1451	purpose of the landlord's conduct was retaliation. The landlord may rebut the presumption1335
1452	1452	by a preponderance of evidence showing that the landlord had sufficient justification for1336
1453	1453	engaging in the conduct described in subsection (b) or (c) of this Code section and would1337
1454	1454	have engaged in the conduct in the same manner and at the same time regardless of1338
1455	1455	whether the events described in subsection (b) or (c) of this Code section occurred.1339 23 LC 50 0457ER
1456	1456	H. B. 304
1457	1457	- 55 -
1458	1458	(e) A landlord may terminate the lease of a tenant by giving the tenant notice in a record1340
1459	1459	that the lease will terminate on a date specified in the notice, which shall be at least 30 days1341
1460	1460	after notice is given if:1342
1461	1461	(1) Without the landlord's permission, the tenant invited a perpetrator onto the premises1343
1462	1462	or allowed a perpetrator to occupy the dwelling unit:1344
1463	1463	(A) After the landlord gave the tenant notice in a record to refrain from inviting the1345
1464	1464	perpetrator onto the premises; or1346
1465	1465	(B) During a time the tenant knows the perpetrator is subject to a no-contact court1347
1466	1466	order or a court order barring the perpetrator from the premises; and1348
1467	1467	(2) The landlord demonstrates that:1349
1468	1468	(A) There is an actual and imminent threat to the health or safety of any individual on1350
1469	1469	the premises, the landlord, or the landlord's agent if the lease is not terminated; or1351
1470	1470	(B) The perpetrator has damaged the premises.1352
1471	1471	(f) If a landlord willfully violates subsection (b) or (c) of this Code section, the tenant or1353
1472	1472	prospective tenant may recover three times the periodic rent or three times actual damages,1354
1473	1473	whichever is greater, and:1355
1474	1474	(1) Terminate the lease;1356
1475	1475	(2) Defend an action for possession on the ground that the landlord violated subsection1357
1476	1476	(b) of this Code section; or1358
1477	1477	(3) Obtain appropriate injunctive relief.1359
1478	1478	ARTICLE 121360
1479	1479	44-7A-1201.1361
1480	1480	(a) As used in this article, the term 'bank account' means a checking, demand, time,1362
1481	1481	savings, passbook, or similar account maintained at a bank.1363 23 LC 50 0457ER
1482	1482	H. B. 304
1483	1483	- 56 -
1484	1484	(b) Except as otherwise provided in subsections (c) and (d) of this Code section, a landlord1364
1485	1485	shall not require the tenant to pay or agree to pay a security deposit, prepaid rent, or any1365
1486	1486	combination thereof, in an amount that exceeds two times the periodic rent.1366
1487	1487	(c) The limit established in subsection (b) of this Code section does not include the first1367
1488	1488	month's rent or fees.1368
1489	1489	(d) Except as otherwise provided by law other than this chapter, if a tenant keeps a pet on1369
1490	1490	the premises or is permitted by the lease to make alterations to the premises, the landlord1370
1491	1491	may require the tenant to pay an additional security deposit in an amount commensurate1371
1492	1492	with the additional risk of damage to the premises.1372
1493	1493	44-7A-1202.1373
1494	1494	(a) The following rules apply to a landlord's interest in a security deposit:1374
1495	1495	(1) The landlord's interest is limited to a security interest;1375
1496	1496	(2) Notwithstanding law other than this chapter, the landlord's security interest is1376
1497	1497	effective against and has priority over each creditor of and transferee from the tenant; and1377
1498	1498	(3) Subject to subsection (c) of this Code section, a creditor of and transferee from the1378
1499	1499	landlord can acquire no greater interest in a security deposit than the interest of the1379
1500	1500	landlord.1380
1501	1501	(b) The following rules apply to a tenant's interest in a security deposit:1381
1502	1502	(1) Notwithstanding law other than this chapter, the tenant's interest has priority over any1382
1503	1503	right of setoff the bank in which the account is maintained may have for obligations owed1383
1504	1504	to the bank other than charges normally associated with the bank's maintenance of the1384
1505	1505	account;1385
1506	1506	(2) The tenant's interest is not adversely affected if the deposit is commingled with the1386
1507	1507	deposits of other tenants; and1387
1508	1508	(3) The effect of commingling other than that allowed in paragraph (2) of this subsection1388
1509	1509	is determined by law other than this chapter.1389 23 LC 50 0457ER
1510	1510	H. B. 304
1511	1511	- 57 -
1512	1512	(c) Paragraph (3) of subsection (a) of this Code section does not abrogate generally1390
1513	1513	applicable rules of law enabling a transferee of funds to take the funds free of competing1391
1514	1514	claims.1392
1515	1515	44-7A-1203.1393
1516	1516	(a) With respect to funds constituting a security deposit, a landlord:1394
1517	1517	(1) Shall maintain the ability to identify the funds:1395
1518	1518	(A) By holding the funds in a bank account that is used exclusively for security1396
1519	1519	deposits, that is maintained with a bank doing business in this state, and the title of1397
1520	1520	which indicates that it contains security deposits; and1398
1521	1521	(B) By maintaining records that indicate at all times the amount of the funds1399
1522	1522	attributable to each tenant whose funds are being held in the account; and1400
1523	1523	(2) May commingle the funds received from other tenants as security deposits in the1401
1524	1524	same bank account but shall not commingle other funds, including the landlord's personal1402
1525	1525	or business funds, in the account.1403
1526	1526	(b) If a landlord fails to comply with subsection (a) of this Code section, the tenant may1404
1527	1527	recover actual damages or one times the periodic rent, whichever is greater.1405
1528	1528	(c) A bank in which a landlord deposits funds constituting a security deposit has no duty1406
1529	1529	to ensure that the landlord properly applies the funds.1407
1530	1530	(d) Unless a lease provides otherwise, the landlord is not required to deposit a security1408
1531	1531	deposit into an interest-bearing account or to pay the tenant interest on the deposit.1409
1532	1532	44-7A-1204.1410
1533	1533	(a) After termination of a lease, the tenant is entitled to the amount by which the security1411
1534	1534	deposit and any unearned rent exceeds the amount the landlord is owed under the lease or1412
1535	1535	this chapter.1413 23 LC 50 0457ER
1536	1536	H. B. 304
1537	1537	- 58 -
1538	1538	(b) Not later than 30 days after a lease terminates and the tenant vacates the premises, the1414
1539	1539	landlord shall determine the amount the landlord believes the tenant is entitled to under1415
1540	1540	subsection (a) of this Code section and:1416
1541	1541	(1) Tender that amount to the tenant or, if the tenant has died, the tenant representative;1417
1542	1542	(2) Send that amount by first-class mail, postage prepaid, to an address provided by the1418
1543	1543	tenant or, if the tenant has died, the tenant representative or, in the absence of that1419
1544	1544	address, to the relevant address specified in Code Section 44-7A-109; or1420
1545	1545	(3) Cause a funds transfer in that amount to be made, with the cost of transfer paid, to1421
1546	1546	a bank account designated by the tenant or, if the tenant has died, the tenant1422
1547	1547	representative.1423
1548	1548	(c) If the amount under subsection (b) of this Code section is less than the sum of the1424
1549	1549	tenant's security deposit and any unearned rent, the landlord shall provide the tenant or1425
1550	1550	tenant representative, within the period specified under subsection (b) of this Code section,1426
1551	1551	a record specifying each item of property damage or other unfulfilled obligation of the1427
1552	1552	tenant to which the security deposit or unearned rent was applied and the amount applied1428
1553	1553	to each item.1429
1554	1554	(d) If the amount to which the tenant is entitled under subsection (a) of this Code section1430
1555	1555	is greater than the amount paid to the tenant or tenant representative, the tenant or tenant1431
1556	1556	representative may recover the difference.1432
1557	1557	(e) If a landlord fails to comply with subsection (b) or (c) of this Code section, the court1433
1558	1558	may award the tenant or tenant representative, in addition to any amount recoverable under1434
1559	1559	subsection (d) of this Code section, $250.00 or two times the amount recoverable under1435
1560	1560	subsection (d) of this Code section, whichever is greater, unless the landlord's only1436
1561	1561	noncompliance was the failure to comply with paragraph (2) subsection (b) of this Code1437
1562	1562	section as a result of the inadvertent failure to pay the cost of postage or transmission or1438
1563	1563	to use the proper address.1439 23 LC 50 0457ER
1564	1564	H. B. 304
1565	1565	- 59 -
1566	1566	(f) If a security deposit and unearned rent held by a landlord are insufficient to satisfy the1440
1567	1567	tenant's obligations under the lease and this chapter, the landlord may recover from the1441
1568	1568	tenant the amount necessary to satisfy those obligations.1442
1569	1569	44-7A-1205.1443
1570	1570	(a) When a landlord's interest in the premises terminates, the landlord:1444
1571	1571	(1) If the lease continues, not later than 30 days after the termination of the landlord's1445
1572	1572	interest, shall transfer to the person succeeding the landlord's interest in the premises any1446
1573	1573	security deposit being held by the landlord and notify the tenant in a record of the1447
1574	1574	successor's name and address, the amount transferred, and any claim previously made1448
1575	1575	against the security deposit; or1449
1576	1576	(2) If the lease terminates as a result of the termination of the landlord's interest, shall1450
1577	1577	comply with Code Section 44-7A-1204.1451
1578	1578	(b) If a landlord dies before the termination of the lease, the personal representative of the1452
1579	1579	landlord's estate becomes the landlord until the premises are distributed to the successor.1453
1580	1580	If the premises are distributed to the successor before the termination of the lease, the1454
1581	1581	security deposit held by the representative shall be transferred to the successor and the1455
1582	1582	representative shall notify the tenant in a record of the successor's name and address, the1456
1583	1583	amount transferred to the successor, and any claim previously made against the security1457
1584	1584	deposit. If the premises are not distributed to the successor before the termination of the1458
1585	1585	lease, the representative shall comply with Code Section 44-7A-1204.1459
1586	1586	(c) If a landlord or personal representative of the landlord's estate complies with subsection1460
1587	1587	(a) or (b) of this Code section, the landlord or the estate has no further liability with respect1461
1588	1588	to the security deposit.1462
1589	1589	(d) Except as otherwise provided in subsection (e) of this Code section, a successor to a1463
1590	1590	landlord's interest in the premises has all rights and obligations of the landlord under this1464
1591	1591	chapter with respect to any security deposit held by the predecessor landlord which has not1465 23 LC 50 0457ER
1592	1592	H. B. 304
1593	1593	- 60 -
1594	1594	been returned to the tenant, whether or not the security deposit was transferred or1466
1595	1595	distributed to the successor.1467
1596	1596	(e) If a landlord's interest is terminated by foreclosure, the successor's liability under1468
1597	1597	subsection (d) of this Code section is limited to the security deposit received by the1469
1598	1598	successor."1470
1599	1599	SECTION 2.1471
1600	1600	All laws and parts of laws in conflict with this Act are repealed.1472