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.

Rogers, Carl (20th) Shaw, Jay (176th)
Status Summary HC: Judy SC: LA: 01/31/97 H - Read 2nd Time
Page Numbers - 1/ 2/ 3
Code Sections - 44-7-52/ 44-7-56
House Action Senate
1/30/97 Read 1st Time
1/31/97 Read 2nd Time

HB 314                                             LC 22 2537 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  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 
  1-21    within 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 
 
 
 
                                 -1- 
 
 
 
  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: 
 
  2-18    "44-7-56. 
 
  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 
  2-35    case. 
 
  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 
 
 
 
                                 -2- 
 
 
 
  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 
  3-11  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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