07 LC 29
2777
House
Bill 668
By:
Representatives Knox of the
24th,
Reese of the
98th,
Graves of the
12th,
and Coan of the
101st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia
Annotated, relating to security deposits, so as 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.
Article
2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating
to security deposits, is 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.
(1)(2)
'Residential rental agreement' means a contract, lease, or license agreement for
the rental or use of real property as a dwelling place.
(2)(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.
The term
'security deposit' does not include earnest money or pet
fees
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
2.
All
laws and parts of laws in conflict with this Act are repealed.