07 SB94/AP
Senate
Bill 94
By:
Senators Wiles of the 37th, Hamrick of the 30th, Heath of the 31st, Mullis of
the 53rd and Seabaugh of the 28th
AS
PASSED
AN
ACT
To
amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating
to landlord and tenant, so as to define a term; to clarify the process for
judgments by default; to change and provide for definitions; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord
and tenant, is revised by adding a new Code section to read as
follows:
"44-7-49.
As
used in this article, the term 'writ of possession' means a writ issued to
recover the possession of land or other property and such writ shall not contain
restrictions, responsibilities, or conditions upon the landlord in order to be
placed in full possession of the land or other property."
SECTION
2.
Said
chapter is further amended by revising subsection (a) of Code Section 44-7-53,
relating to when writ of possession is issued, trial of issues, and possession
pending trial as follows:
"(a)
If the tenant fails to answer as provided in subsection (b) of Code Section
44-7-51, the court shall issue a writ of possession instanter notwithstanding
Code Section 9-11-55 or Code Section 9-11-62. The court, without the
intervention of a jury, shall not require any further evidence nor hold any
hearings and the plaintiff shall be entitled to a verdict and judgment by
default for all rents due as if every item and paragraph of the affidavit
provided for in Code Section 44-7-50 were supported by proper
evidence."
SECTION
3
Said
chapter is further amended by revising Code Section 44-7-30, relating to
definitions, as follows:
"44-7-30.
As
used in this article, the term:
(1)
'Nonrefundable fee' means any money or other consideration paid or given by a
tenant to a landlord under the terms of a residential rental agreement which the
parties agreed would not be refunded.
(2)
'Residential rental agreement' means a contract, lease, or license agreement for
the rental or use of real property as a dwelling place.
(3)
'Security deposit' means money or any other form of security given after July 1,
1976, by a tenant to a landlord which shall be held by the landlord on behalf of
a tenant by virtue of a residential rental agreement and shall include, but not
be limited to, damage deposits, advance rent deposits, and pet deposits. Such
term shall not include nonrefundable fees, or money or other consideration
which are not to be returned to the tenant under the terms of the residential
rental agreement or which were to be applied toward the payment of rent or
reimbursement of services or utilities provided to the
tenant."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.