23 LC 50 0504
H. B. 404
- 1 -
House Bill 404
By: Representatives Carpenter of the 4
th
, Williamson of the 112
th
, Cooper of the 45
th
,
Crawford of the 84
th
, Oliver of the 82
nd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to
1
landlord and tenant, so as to provide for a duty of habitability for certain rental agreements;2
to provide for an exception to such duty; to provide for an exception to landlord tort liability;3
to provide for definitions; to provide for notice; to provide for a maximum security deposit4
amount; to provide for expedited evictions for certain criminal activity; to provide for a short5
title; to provide for applicability; to provide for related matters; to repeal conflicting laws;6
and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
This Act shall be known and may be cited as the "Safe at Home Act."10
SECTION 2.11
Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and12
tenant, is amended by revising subsection (b) of Code Section 44-7-2, relating to parol13
contract creating landlord and tenant relationship, certain provisions prohibited, and effect14
of provision for attorney's fees, as follows:15 23 LC 50 0504
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"(b) In any contract, lease, license agreement, or similar agreement, oral or written, for the
16
use or rental of real property as a dwelling place, a landlord or a tenant may not waive,17
assign, transfer, or otherwise avoid any of the rights, duties, or remedies contained in the18
following provisions of law:19
(1) Code Section 44-7-13, relating to the duties of a landlord as to repairs and20
improvements, except as allowed pursuant to subsection (b) of such Code section
;21
(2) Code Section 44-7-14, relating to the liability of a landlord for failure to repair;22
(3) Ordinances adopted pursuant to Code Section 36-61-11;23
(4) Article 3 of this chapter, relating to proceedings against tenants holding over;24
(5) Article 4 of this chapter, relating to distress warrants;25
(6) Article 2 of this chapter, relating to security deposits; and26
(7) Any applicable provision of Chapter 11 of Title 9 which has not been superseded by27
this chapter."28
SECTION 3.29
Said chapter is further amended by revising Code Section 44-7-13, relating to landlord's30
duties as to repairs and improvements, as follows:31
"44-7-13.32
(a) Except as provided in subsection (b) of this Code section, the The landlord must shall33
keep the premises in repair. He and shall be liable for all substantial improvements placed34
upon the premises by his such landlord's consent.35
(b) Any contract. lease, license, or similar agreement, oral or written, for the use or rental36
of real property as a dwelling place is deemed to include a provision that the premises is37
fit for human habitation; provided, however, that such provision may be waived by a tenant38
if the contract, lease, license, or similar agreement for the use or rental of real property as39
a dwelling place is for a period of more than five years."40 23 LC 50 0504
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SECTION 4.
41
Said chapter is further amended by revising Code Section 44-7-14, relating to tort liability42
of landlord, as follows:43
"44-7-14.44
Having fully parted with possession and the right of possession, the landlord is
shall not45
be responsible to third persons for damages resulting from the negligence or illegal use of46
the premises by the tenant; provided, however, the landlord is shall be responsible for47
damages arising from defective construction or for damages arising from the failure to keep48
the premises in repair, except when a tenant waives the provision that the premises is fit49
for human habitation as allowed pursuant to subsection (b) of Code Section 44-7-13."50
SECTION 5.51
Said chapter is further amended by revising subsection (a) of Code Section 44-7-14.1,52
relating to landlord's duties as to utilities, as follows:53
"(a) As used in this Code section, the term 'utilities' means cooling, heat, light, and water54
service."55
SECTION 6.56
Said chapter is further amended by adding a new Code section to as follows:57
"44-7-30.1.58
No landlord shall demand or receive a security deposit in an amount that exceeds the59
equivalent of three months' rent."60
SECTION 7.61
Said chapter is further amended by revising Code Section 44-7-50, relating to demand for62
possession, procedure upon a tenant's refusal, and concurrent issuance of federal lease63
termination notice, as follows:64 23 LC 50 0504
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"44-7-50.
65
(a) In all cases when a tenant holds possession of lands or tenements over and beyond the66
term for which they were rented or leased to such tenant or fails to pay the rent when it
67
becomes due or has engaged in criminal activity as defined in subsection (c) of Code68
Section 44-7-53 and in all cases when lands or tenements are held and occupied by any69
tenant at will or sufferance, whether under contract of rent or not, when the owner of such70
lands or tenements desires possession of such lands or tenements, such owner may,71
individually or by an agent, attorney in fact at law, or attorney at law in fact, demand the72
possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails73
to deliver possession when so demanded, the owner or the agent, attorney at law, or74
attorney in fact of such owner may immediately go before the judge of the superior court,75
the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the76
clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a77
magistrate in the district where the land lies and make an affidavit under oath to the facts.78
The Such affidavit may likewise be made before a notary public.79
(b) If issued by a public housing authority, the demand for possession required by80
subsection (a) or (c) of this Code section may be provided concurrently with the federally81
required notice of lease termination in a separate writing.82
(c) In all cases when a tenant fails to pay the rent, late fees, utilities, or other charges when83
it becomes due, if the tenant refuses to pay the amount due or fails to deliver possession84
when so demanded after being provided with a three-day written notice to vacate or pay85
all past due rent, late fees, utilities, and other charges, the owner or the agent, attorney at86
law, or attorney in fact of such owner may immediately go before the judge of the superior87
court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge88
or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or89
a magistrate in the district where the land lies and make an affidavit under oath to the facts.90
Such affidavit may likewise be made before a notary public.91 23 LC 50 0504
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(d) The demand for possession notice under subsection (a) of this Code section or the92
three-day notice to vacate or pay under subsection (c) of this Code section shall be posted93
conspicuously on the door of the property and delivered via statutory overnight delivery."94
SECTION 8.95
Said chapter is further amended by revising Code Section 44-7-53, relating to when writ of96
possession issued, trial of issues, and possession pending trial, as follows:97
"44-7-53.98
(a) If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51, the99
court shall issue a writ of possession instanter notwithstanding Code Section 9-11-55 or100
Code Section 9-11-62. The court, without the intervention of a jury, shall not require any101
further evidence nor hold any hearings and the plaintiff shall be entitled to a verdict and102
judgment by default for all rents due as if every item and paragraph of the affidavit103
provided for in Code Section 44-7-50 were supported by proper evidence.104
(b) If the tenant answers, a trial of the issues shall be had in accordance with the procedure105
prescribed for civil actions in courts of record except that if the action is tried in the106
magistrate court the trial shall be had in accordance with the procedures prescribed for that107
court. Every effort should be made by the trial court to expedite a trial of the issues. The108
defendant shall be allowed to remain in possession of the premises pending the final109
outcome of the litigation; provided, however, that, at the time of his answer, the tenant110
must pay rent into the registry of the court pursuant to Code Section 44-7-54.111
(c)(1) As used in this subsection, 'criminal activity' means:112
(A) Any conduct that constitutes a crime and threatens the health, safety, or welfare of113
the other residents, the landlord, or the landlord's agents, employees, or contractors; or114
(B) A criminal charge or conviction for a crime against a person or a sexual offense115
prohibited by Chapter 5 or 6 of Title 16 or a serious violent felony as defined in Code116
Section 17-10-6.1;117 23 LC 50 0504
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(2) If the dispossessory proceedings are initiated due to criminal activity, the landlord118
shall note on the affidavit pursuant to Code Section 44-7-50 that the case is based on119
criminal activity.120
(3) If the dispossessory proceedings are initiated due to criminal activity and the tenant121
does not answer, the court shall issue the writ of possession instanter pursuant to122
subsection (a) of this Code section within 14 days from the date on which the answer was123
due. Such writ shall note that it shall be expedited pursuant to this Code section. Such124
writ shall be executed within 14 days of the date of its issuance.125
(4) If the dispossessory proceedings are initiated due to criminal activity and the tenant126
answers as provided in subsection (b) of Code Section 44-7-51, the court shall schedule127
the trial within 14 days of the date the answer is filed."128
SECTION 9.129
Said chapter is further amended by revising Code Section 44-7-55, relating to judgment, writ130
of possession, landlord's liability for wrongful conduct, distribution of funds paid into court,131
and personal property, as follows:132
"(e)(1) Except as provided in paragraph (2) of this subsection, nothing Nothing in this133
Code section shall require a sheriff, constable, or marshal to execute a writ of possession134
within 30 days from the issuance of any order granting a writ of possession, or the135
issuance, application, or request for the execution of the writ of possession.136
(2) If the writ of possession is issued pursuant to this Code section is based on criminal137
activity as defined in Code Section 44-7-53, the person responsible for execution of the138
writ of possession shall execute such writ within 14 days of its effective date."139
SECTION 10.140
This Act shall apply to residential lease agreements that are entered into or renewed on or141
after July 1, 2023.142 23 LC 50 0504
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SECTION 11.
143
All laws and parts of laws in conflict with this Act are repealed.144