|HB 314 - Landlord and tenant; dispossessory proceedings; amend provisions|
First Reader Summary
A BILL to amend Article 3 of Chapter 7 of Title 44 of the
Official Code of Georgia Annotated, relating to dispossessory
proceedings, so as to change the time for answer by the tenant;
to change the time for the tenant's tender of rents and cost of
the dispossessory warrant; to change provisions relating to
appeal; and for other purposes.
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HB 314 LC 22 2537
A BILL TO BE ENTITLED
1- 1 To amend Article 3 of Chapter 7 of Title 44 of the Official
1- 2 Code of Georgia Annotated, relating to dispossessory
1- 3 proceedings, so as to change the time for answer by the
1- 4 tenant; to change the time for the tenant's tender of rents
1- 5 and cost of the dispossessory warrant; to change provisions
1- 6 relating to appeal; to provide that requests for trial and
1- 7 appeals from magistrate court shall be to state court in
1- 8 jurisdictions having a state court; to provide an effective
1- 9 date; to repeal conflicting laws; and for other purposes.
1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-11 SECTION 1.
1-12 Article 3 of Chapter 7 of Title 44 of the Official Code of
1-13 Georgia Annotated, relating to dispossessory proceedings, is
1-14 amended by striking in its entirety subsection (b) of Code
1-15 Section 44-7-51, relating to summons, service, time for
1-16 answer, defenses, and counterclaims, and inserting in its
1-17 place the following:
1-18 "(b) The summons served on the defendant pursuant to
1-19 subsection (a) of this Code section shall command and
1-20 require the tenant to answer either orally or in writing
seven three days from the date of the actual
1-22 service unless the seventh third day is a Saturday, a
1-23 Sunday, or a legal holiday, in which case the answer may
1-24 be made on the next day which is not a Saturday, a Sunday,
1-25 or a legal holiday. If the answer is oral, the substance
1-26 thereof shall be endorsed on the dispossessory affidavit.
1-27 The answer may contain any legal or equitable defense or
1-28 counterclaim. The landlord need not appear on the date of
1-29 the tenant's response. The last possible date to answer
1-30 shall be stated on the summons."
1-31 SECTION 2.
1-32 Said article is further amended by striking in its entirety
1-33 Code Section 44-7-52, relating to tender of payment by a
2- 1 tenant as a complete defense, and inserting in lieu thereof
2- 2 the following:
2- 3 "44-7-52.
2- 4 In an action for nonpayment of rent, the tenant shall be
2- 5 allowed to tender to the landlord, within seven three days
2- 6 of the day the tenant was served with the summons pursuant
2- 7 to Code Section 44-7-51, all rents allegedly owed plus the
2- 8 cost of the dispossessory warrant. Such a tender shall be
2- 9 a complete defense to the action; provided, however, that
2-10 a landlord is required to accept such a tender from any
2-11 individual tenant after the issuance of a dispossessory
2-12 summons only once in any 12 month period."
2-13 SECTION 3.
2-14 Said article is further amended by striking in its entirety
2-15 Code Section 44-7-56, relating to appeals, possession, and
2-16 payment of rent pending appeal, and inserting in lieu
2-17 thereof the following:
2-19 (a) Except as provided in subsection (b) of this Code
2-20 section, any Any judgment by the trial court shall be
2-21 appealable pursuant to Chapters 2, 3, 6, and 7 of Title
2-22 5 ,.
2-23 (b) In jurisdictions which have a state court, requests
2-24 for jury trials or appeals from the magistrate court shall
2-25 be to the state court. provided that
2-26 (c) Any any such appeal pursuant to subsection (a) or (b)
2-27 of this Code section shall be filed within ten days of
2-28 the date such judgment was entered. and provided, further,
2-29 that, after After the notice of appeal is filed with the
2-30 clerk of the trial court, the clerk shall immediately
2-31 notify the trial judge of the notice of appeal and the
2-32 trial judge may, within 15 days, supplement the record
2-33 with findings of fact and conclusions of law which will be
2-34 considered as a part of the order of the judge in that
2-36 (d) If the judgment of the trial court is against the
2-37 tenant and the tenant appeals this judgment, the court may
2-38 upon motion of the landlord and upon good cause shown
2-39 order the tenant to pay into the registry of the court all
2-40 sums found by the trial court to be due for rent in order
2-41 to remain in possession of the premises. The tenant shall
3- 1 also be required to pay all future rent as it becomes due
3- 2 into the registry of the trial court pursuant to paragraph
3- 3 (1) of subsection (a) of Code Section 44-7-54 until the
3- 4 issue has been finally determined on appeal."
3- 5 SECTION 4.
3- 6 Notwithstanding the provisions of Code Section 1-3-4.1, this
3- 7 Act shall become effective on July 1, 1997, and shall apply
3- 8 to dispossessory actions filed on or after July 1, 1997.
3- 9 SECTION 5.
3-10 All laws and parts of laws in conflict with this Act are
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98