hb1104_LC_21_8642_a_2.html
06 LC 21 8642
House Bill 1104
By: Representatives Benton of the 31st, Smith of the 13th, and Smith of the 113th

A BILL TO BE ENTITLED
AN ACT

To amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, 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 require payment of rent and utility payments into court at the time the answer is due; 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 landlord and tenant, 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 subsection (a) of Code Section 44-7-54, relating to payment of rent and utility payments into court after the filing of a dispossessory proceeding, issuance of writ upon failure to pay, and disposition of funds, and inserting in lieu thereof the following:
"(a) At the time the answer is due pursuant to Code Section 44-7-51 In any case where the issue of the right of possession cannot be finally determined within two weeks from the date of service of the copy of the summons and the copy of the affidavit, the tenant shall be required to pay into the registry of the trial court:
(1) All rent and utility payments which are the responsibility of the tenant payable to the landlord under terms of the lease which become due after the issuance of the dispossessory warrant, said rent and utility payments to be paid as such become due. If the landlord and the tenant disagree as to the amount of rent, either or both of them may submit to the court any written rental contract for the purpose of establishing the amount of rent to be paid into the registry of the court. If the amount of rent is in controversy and no written rental agreement exists between the tenant and landlord, the court shall require the amount of rent to be a sum equal to the last previous rental payment made by the tenant and accepted by the landlord without written objection; and
(2) All rent and utility payments which are the responsibility of the tenant payable to the landlord under terms of the lease allegedly owed prior to the issuance of the dispossessory warrant; provided, however, that, in lieu of such payment, the tenant shall be allowed to submit to the court a receipt indicating that payment has been made to the landlord. In the event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid into court in the same manner as provided in paragraph (1) of this subsection."

SECTION 4.
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. Payments required by this Code section shall be a condition to remaining in possession of the premises pending appeal."

SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.