06 LC 29
2364S
The
House Committee on Judiciary offers the following substitute to HB
1104:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia
Annotated, relating to dispossessory proceedings, so as to provide that a
landlord may initiate dispossessory proceedings immediately after refusal by
tenant of demand for possession; to provide that a service by posting the
summons to the premises and mailing a copy to the defendant shall be sufficient
for entry of a default judgment for possession in the absence of an answer being
filed; to provide for the payment of certain sums into the registry of the
court; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating
to dispossessory proceedings, is amended by striking in its entirety subsection
(a) of Code Section 44-7-50, relating to demand for possession and procedure
upon
tenant́s
refusal, and inserting in lieu thereof the following:
"(a)
In all cases where a tenant holds possession of lands or tenements over and
beyond the term for which they were rented or leased to the tenant or fails to
pay the rent when it becomes due and in all cases where lands or tenements are
held and occupied by any tenant at will or sufferance, whether under contract of
rent or not, when the owner of the lands or tenements desires possession of the
lands or tenements, the owner may, individually or by an agent, attorney in
fact, or attorney at law, demand the possession of the property so rented,
leased, held, or occupied. If the tenant refuses or fails to deliver possession
when so demanded, the owner or the agent, attorney at law, or attorney in fact
of the owner may
immediately
go before the judge of the superior court, the judge of the state court, or the
clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk
of any other court with jurisdiction over the subject matter, or a magistrate in
the district where the land lies and make an affidavit under oath to the facts.
The affidavit may likewise be made before a notary public, subject to the same
requirements for judicial approval specified in Code Section 18-4-61, relating
to garnishment
affidavits."
SECTION
2.
Said
article is further amended by inserting at the end of Code Section 44-7-51,
relating to issuance of summons, service, time of answer, and defenses and
counterclaims, the following:
"(c)
If service is by posting a copy of the summons and the affidavit on the door of
the premises and mailing a copy of the summons and the affidavit to the
defendant, as provided in subsection (a) of this Code section, the court shall
have jurisdiction to enter a default judgment for possession of the premises in
the absence of an answer being filed, but in such instance a default judgment
for money owed may not be entered unless the defendant files an answer or
otherwise make an appearance in the
case."
SECTION
3.
Said
article is further amended by striking in its entirety Code Section 44-7-56,
relating to appeal and possession and payment of rent pending appeal, and
inserting in lieu thereof the following:
"44-7-56.
Any
judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6,
and 7 of Title 5, provided that any such appeal shall be filed within seven days
of the date such judgment was entered and provided, further, that, after the
notice of appeal is filed with the clerk of the trial court, the clerk shall
immediately notify the trial judge of the notice of appeal and the trial judge
may, within 15 days, supplement the record with findings of fact and conclusions
of law which will be considered as a part of the order of the judge in that
case. If the judgment of the trial court is against the tenant and the tenant
appeals this judgment, the
court may
upon motion of the landlord and upon good cause shown order
the tenant
shall be
required to pay into the registry of the
court all sums found by the trial court to be due for rent in order to remain in
possession of the premises. The tenant shall also be required to pay all future
rent as it becomes due into the registry of the trial court pursuant to
paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been
finally determined on
appeal."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.