23 LC 50 0549S
H. B. 404 (SUB)
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The House Committee on Judiciary offers the following substitute to HB 404:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to1
landlord and tenant, so as to provide for a duty of habitability for certain rental agreements;2
to provide for notice; to provide for a maximum security deposit amount; to provide for a3
short title; to provide for applicability; to provide for related matters; to repeal conflicting4
laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
This Act shall be known and may be cited as the "Safe at Home Act."8
SECTION 2.9
Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and10
tenant, is amended by revising Code Section 44-7-13, relating to landlord's duties as to11
repairs and improvements, as follows:12
"44-7-13.13
(a)
The landlord must shall keep the premises in repair. He and shall be liable for all14
substantial improvements placed upon the premises by his such landlord's consent.15 23 LC 50 0549S
H. B. 404 (SUB)
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(b) Any contract, lease, license, or similar agreement, oral or written, for the use or rental
16
of real property as a dwelling place is deemed to include a provision that the premises is17
fit for human habitation."18
SECTION 3.19
Said chapter is further amended by revising subsection (a) of Code Section 44-7-14.1,20
relating to landlord's duties as to utilities, as follows:21
"(a) As used in this Code section, the term 'utilities' means cooling, heat, light, and water22
service."23
SECTION 4.24
Said chapter is further amended by adding a new Code section to as follows:25
"44-7-30.1.26
No landlord shall demand or receive a security deposit in an amount that exceeds the27
equivalent of two months' rent."28
SECTION 5.29
Said chapter is further amended by revising Code Section 44-7-50, relating to demand for30
possession, procedure upon a tenant's refusal, and concurrent issuance of federal lease31
termination notice, as follows:32
"44-7-50.33
(a) In all cases when a tenant holds possession of lands or tenements over and beyond the34
term for which they were rented or leased to such tenant or fails to pay the rent when it35
becomes due and in all cases when lands or tenements are held and occupied by any tenant36
at will or sufferance, whether under contract of rent or not, when the owner of such lands37
or tenements desires possession of such lands or tenements, such owner may, individually38
or by an agent, attorney in fact at law, or attorney at law in fact, demand the possession of39 23 LC 50 0549S
H. B. 404 (SUB)
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the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver40
possession when so demanded, the owner or the agent, attorney at law, or attorney in fact41
of such owner may immediately go before the judge of the superior court, the judge of the42
state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy43
clerk of any other court with jurisdiction over the subject matter, or a magistrate in the44
district where the land lies and make an affidavit under oath to the facts. The
Such45
affidavit may likewise be made before a notary public.46
(b) If issued by a public housing authority, the demand for possession required by47
subsection (a) or (c) of this Code section may be provided concurrently with the federally48
required notice of lease termination in a separate writing.49
(c) In all cases when a tenant fails to pay the rent, late fees, utilities, or other charges owed50
to the landlord when it becomes due, if the tenant refuses to pay the amount due or fails to51
deliver possession when so demanded after being provided with a notice to vacate or pay52
all past due rent, late fees, utilities, and other charges owed to the landlord within three53
business days, the owner or the agent, attorney at law, or attorney in fact of such owner54
may immediately go before the judge of the superior court, the judge of the state court, or55
the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any56
other court with jurisdiction over the subject matter, or a magistrate in the district where57
the land lies and make an affidavit under oath to the facts. Such affidavit may likewise be58
made before a notary public.59
(d) The demand for possession notice under subsection (a) of this Code section or the60
three-day notice to vacate or pay under subsection (c) of this Code section shall be posted61
in a sealed envelope conspicuously on the door of the property and delivered via any62
additional method or methods agreed upon in the rental agreement."63 23 LC 50 0549S
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SECTION 6.64
This Act shall apply to residential lease agreements that are entered into or renewed on or65
after July 1, 2023.66
SECTION 7.67
All laws and parts of laws in conflict with this Act are repealed.68