Georgia 2023-2024 Regular Session

Georgia House Bill HB404 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 HB 404/AP
2		-	House Bill 404 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Carpenter of the 4
4		-	th
5		-	, Williamson of the 112
6		-	th
7		-	, Cooper of the 45
8		-	th
9		-	,
10		-	Crawford of the 84
11		-	th
12		-	, Oliver of the 82
13		-	nd
14		-	, and others
	1	+	24 LC 49 1791S
	2	+	The Senate Committee on the Judiciary offered the following
	3	+	substitute to HB 404:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to
18		-	1
	6	+	To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to1
19	7		landlord and tenant, so as to provide for a duty of habitability for certain rental agreements; 2
20	8		to provide for notice; to provide for a maximum security deposit amount; to provide for a3
21	9		short title; to provide for applicability; to provide for related matters; to repeal conflicting4
22	10		laws; and for other purposes.5
23	11		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
24	12		SECTION 1.7
25	13		This Act shall be known and may be cited as the "Safe at Home Act."8
26	14		SECTION 2.9
27	15		Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and10
28	16		tenant, is amended by revising Code Section 44-7-13, relating to landlord's duties as to11
29	17		repairs and improvements, as follows:12
30	18		"44-7-13.13
31		-	(a)
32		-	The landlord must shall keep the premises in repair. He and shall be liable for all14
	19	+	(a) The landlord must shall keep the premises in repair. He and shall be liable for all14
33	20		substantial improvements placed upon the premises by his such landlord's consent.15
34		-	H. B. 404
35		-	- 1 - 24 HB 404/AP
	21	+	- 1 - 24 LC 49 1791S
36	22		(b) Any contract, lease, license, or similar agreement, oral or written, for the use or rental16
37	23		of real property as a dwelling place is deemed to include a provision that the premises is17
38	24		fit for human habitation."18
39	25		SECTION 3.19
40	26		Said chapter is further amended by revising subsection (a) of Code Section 44-7-14.1,20
41	27		relating to landlord's duties as to utilities, as follows:21
42	28		"(a) As used in this Code section, the term 'utilities' means cooling, heat, light, and water22
43	29		service."23
44	30		SECTION 4.24
45	31		Said chapter is further amended by adding a new Code section to read as follows:25
46	32		"44-7-30.1.26
47	33		No landlord shall demand or receive a security deposit in an amount that exceeds the27
48	34		equivalent of two months' rent."28
49	35		SECTION 5.29
50	36		Said chapter is further amended by revising Code Section 44-7-50, relating to demand for30
51	37		possession, procedure upon a tenant's refusal, and concurrent issuance of federal lease31
52	38		termination notice, as follows:32
53	39		"44-7-50.33
54	40		(a) In all cases when a tenant holds possession of lands or tenements over and beyond the34
55	41		term for which they were rented or leased to such tenant or fails to pay the rent when it35
56	42		becomes due and in all cases when lands or tenements are held and occupied by any tenant36
57	43		at will or sufferance, whether under contract of rent or not, when the owner of such lands37
58	44		or tenements desires possession of such lands or tenements, such owner may, individually38
59	45		or by an agent, attorney in fact at law, or attorney at law in fact, demand the possession of39
60		-	H. B. 404
61		-	- 2 - 24 HB 404/AP
62		-	the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver
63		-	40
	46	+	- 2 - 24 LC 49 1791S
	47	+	the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver40
64	48		possession when so demanded, the owner or the agent, attorney at law, or attorney in fact41
65	49		of such owner may immediately go before the judge of the superior court, the judge of the42
66	50		state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy43
67	51		clerk of any other court with jurisdiction over the subject matter, or a magistrate in the44
68		-	district where the land lies and make an affidavit under oath to the facts. The
69		-	Such45
	52	+	district where the land lies and make an affidavit under oath to the facts. The Such45
70	53		affidavit may likewise be made before a notary public.46
71	54		(b) If issued by a public housing authority, the demand for possession required by47
72	55		subsection (a) or (c) of this Code section may be provided concurrently with the federally48
73	56		required notice of lease termination in a separate writing.49
74	57		(c) In all cases when a tenant fails to pay the rent, late fees, utilities, or other charges owed50
75	58		to the landlord when it becomes due, if the tenant refuses to pay the amount due or fails to51
76	59		deliver possession when so demanded after being provided with a notice to vacate or pay52
77	60		all past due rent, late fees, utilities, and other charges owed to the landlord within three53
78	61		business days, the owner or the agent, attorney at law, or attorney in fact of such owner54
79	62		may immediately go before the judge of the superior court, the judge of the state court, or55
80	63		the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any56
81	64		other court with jurisdiction over the subject matter, or a magistrate in the district where57
82	65		the land lies and make an affidavit under oath to the facts. Such affidavit may likewise be58
83	66		made before a notary public.59
84	67		(d) The demand for possession notice under subsection (a) of this Code section or the60
85	68		three-day notice to vacate or pay under subsection (c) of this Code section shall be posted61
86	69		in a sealed envelope conspicuously on the door of the property and delivered via any62
87	70		additional method or methods agreed upon in the rental agreement."63
88		-	H. B. 404
89		-	- 3 - 24 HB 404/AP
90		-	SECTION 6.
91		-	64
	71	+	- 3 - 24 LC 49 1791S
	72	+	SECTION 6.64
92	73		This Act shall apply to residential lease agreements that are entered into or renewed on or65
93	74		after July 1, 2024.66
94	75		SECTION 7.67
95	76		All laws and parts of laws in conflict with this Act are repealed.68
96		-	H. B. 404
97	77		- 4 -