2. Landlord-Tenant Flashcards
What is a Usufruct Lease in Georgia?
A usufruct lease is a lease for less than five years.
Can a Usufruct Lease be transferred in Georgia?
A Usufruct Lease can only be transferred with the landlord’s consent.
When does a Usufruct Lease end?
A Usufruct lease ends automatically when the term expires.
Can a Usufruct Lease be assigned or subletted in Georgia?
There is no assignment or subletting without landlord’s consent. Original tenant remains solely liable until lease ends.
What is a Term of Years Lease in Georgia?
A Term of Years is created by the parties’ express intent to create such an interest or by a lease in excess of five years.
What is an At-Will Tenancy Lease in Georgia?
If no termination time is specified, it’s considered an at-will tenancy lease, which arises after the term or usufruct ends with the landlord’s permission.
How is an At-Will Tenancy Lease terminated in Georgia?
60 days notice from the landlord or 30 days notice from the tenant is necessary to terminate an at-will tenancy lease.
What are three prohibitions of a Tenant in Georgia?
Tenants may not:
1. Cut or destroy growing trees
2. Remove permanent fixtures
3. Injure the property
What is a Tenant permitted to do on the land in Georgia?
Tenants may use dead or fallen timber for firewood and the pasturage for cattle.
What is a Term of Years Tenant Duty in Georgia?
A tenant for years is responsible for necessary property preservation expenses, excluding ordinary wear and tear or excessive protective measures.
What is an Implied Contract to Pay Rent in Georgia?
In a rent-related lawsuit, if the landlord proves ownership and the tenant’s occupation, rent payment is generally implied.
When is there no Implied Contract to Pay Rent in Georgia?
If the tenant’s entry wasn’t authorized by the landlord or is adverse to the tenant’s possession, there is no implied contract to pay rent.
What happens when a tenant fails to pay rent to Landlord in Georgia?
If a tenant fails to pay rent, the landlord may bring an action for nonpayment.
What effect does a tender of rent payment by tenant have in the Landlord’s dispossessory summons to Tenant in Georgia?
A tenant tendering rent within seven days of the dispossessory summons serves as a complete defense for nonpayment of rent.
How often can a Landlord accept a tender of payment by Tenant after dispossessory lawsuit in Georgia?
The landlord need only accept such tender of payment from tenant once in a 12 month period.
What is a Landlord’s Duty with a Tenant’s Security Deposit in Georgia?
The landlord must place any security deposit in an escrow account.
What is the Rule for Inspection of Premises by Landlord Upon Termination of Lease and Vacation or Surrender of Premises in Georgia?
Within three business days after the termination of occupancy, the landlord must inspect the premises and compile a list of damages.
Can a Tenant dispute a Landlord’s list of damages in Georgia?
The tenant may dispute the landlord’s list of damages and bring an action to recover the portion of the deposit in dispute.
Does Ordinary Wear and Tear by Tenant justify withholding a Security Deposit in Georgia?
Ordinary Wear and Tear does not justify withholding a deposit.
What are a Landlord’s Grounds to Retain Security Deposit in Georgia?
- Late or unpaid rent
- Utility charges
- Contracted third-party repair charges
- Unpaid pet fees
- Actual damages, as long as they try to mitigate actual damages
What is Landlord’s liability for Noncompliance to Return Security Deposit in Georgia?
If a security deposit is not properly returned, the landlord is liable for three times the amount withheld and, if not in good faith, attorney’s fees.
What is a Landlord’s Duty for Premises Repairs in Georgia?
For tenancies other than tenancies for years, the landlord has a duty to keep the premises in repair, including substantial improvements placed on the premises with his consent.
What is a Landlord of a Tenancy for Years Duty for Premises Repairs in Georgia?
The landlord of a tenancy for years is liable for repairs and improvements rising above the tenant’s obligation concerning wear and tear.
What is the Liability of Damages for a Landlord’s Failure for Premises Repairs in Georgia?
A Landlord is liable for damages caused by failure to keep the premises in repair where the landlord knew or should have known of the condition.
