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