| 1 | 1 | | 25 LC 48 1475 |
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| 2 | 2 | | House Bill 415 |
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| 3 | 3 | | By: Representatives Jones of the 25 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Seabaugh of the 34 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Barrett of the 24 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Petrea of the |
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| 10 | 10 | | 166 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Corbett of the 174 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | enact the "Homeowners Protection Act"; to provide for a rental intention affidavit regarding2 |
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| 20 | 20 | | dispossessory proceedings; to provide for related matters; to repeal conflicting laws; and for3 |
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| 21 | 21 | | other purposes.4 |
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| 22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 23 | 23 | | SECTION 1.6 |
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| 24 | 24 | | Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in7 |
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| 25 | 25 | | Article 1 of Chapter 2, relating to recording relative to recording deeds and other real8 |
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| 26 | 26 | | property transactions, by adding a new Code section to read as follows:9 |
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| 27 | 27 | | "44-2-4.1. |
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| 28 | 28 | | 10 |
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| 29 | 29 | | (a) This Code section shall be known and may be cited as the 'Homeowners Protection11 |
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| 30 | 30 | | Act.'12 |
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| 31 | 31 | | (b) Any person who owns property may file a written affidavit with the clerk of the13 |
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| 32 | 32 | | superior court of the county where such property resides stating the intention to not subject14 |
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| 33 | 33 | | such property to rental agreement. Such affidavit shall:15 |
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| 34 | 34 | | (1) Identify the address of the property;16 |
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| 35 | 35 | | H. B. 415 |
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| 36 | 36 | | - 1 - 25 LC 48 1475 |
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| 37 | 37 | | (2) State that such person is the rightful owner of the property;17 |
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| 38 | 38 | | (3) State that such property is not currently under a rental agreement; and18 |
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| 39 | 39 | | (4) Request that any unlawful tenant be removed within one calendar day upon19 |
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| 40 | 40 | | confirmation of the owner's written affidavit.20 |
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| 41 | 41 | | (c) The affidavit provided for in subsection (b) of this Code section may be used in21 |
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| 42 | 42 | | dispossessory proceedings as provided in Code Section 44-7-50."22 |
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| 43 | 43 | | SECTION 2.23 |
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| 44 | 44 | | Said title is further amended by revising subsection (a) of Code Section 44-7-50, relating to24 |
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| 45 | 45 | | demand for possession, procedure upon a tenant's refusal, and concurrent issuance of federal25 |
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| 46 | 46 | | lease termination notice, as follows:26 |
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| 47 | 47 | | "(a) In all cases when a tenant holds possession of lands or tenements over and beyond the27 |
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| 48 | 48 | | term for which they were rented or leased to such tenant and in all cases when lands or28 |
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| 49 | 49 | | tenements are held and occupied by any tenant at will or sufferance, whether under contract29 |
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| 50 | 50 | | of rent or not, when the owner of such lands or tenements desires possession of such lands30 |
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| 51 | 51 | | or tenements, such owner may, individually or by an agent, attorney at law, or attorney in31 |
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| 52 | 52 | | fact, demand the possession of the property so rented, leased, held, or occupied. If the32 |
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| 53 | 53 | | tenant refuses or fails to deliver possession when so demanded, the owner or the agent,33 |
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| 54 | 54 | | attorney at law, or attorney in fact of such owner may immediately go before the judge of34 |
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| 55 | 55 | | the superior court, the judge of the state court, or the clerk or deputy clerk of either court,35 |
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| 56 | 56 | | or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject36 |
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| 57 | 57 | | matter, or a magistrate in the district where the land lies and make an affidavit under oath37 |
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| 58 | 58 | | to the facts. The affidavit as provided in Code Section 44-2-4.1 may also be the basis to38 |
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| 59 | 59 | | demand the possession of the property. Such affidavit may likewise be made before a39 |
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| 60 | 60 | | notary public."40 |
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| 61 | 61 | | H. B. 415 |
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| 62 | 62 | | - 2 - 25 LC 48 1475 |
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| 63 | 63 | | SECTION 3. |
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| 64 | 64 | | 41 |
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| 65 | 65 | | All laws and parts of laws in conflict with this Act are repealed.42 |
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| 66 | 66 | | H. B. 415 |
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| 67 | 67 | | - 3 - |
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