Georgia House of Representatives - 1995/1996 Sessions

HB 167 - Landlord; notify prospective tenant; flooding

Page Numbers - 1/ 2

Code Sections - 44-7-20

1. Pelote  149th          2. Thomas  148th           3. Bordeaux  151st
4. Dixon  150th


House Comm: Judy       /                Senate Comm: CAff       /               
House Vote: Yeas 105   Nays 3           Senate Vote: Yeas 48  Nays 0            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/12/95  Read 1st Time         3/7/95                             
              1/13/95  Read 2nd Time         3/10/95                            
              2/27/95  Favorably Reported    3/10/95                            
              Sub      Committee Amend/Sub   Am                                 
              3/7/95   Read 3rd Time         3/14/95                            
              3/7/95   Passed/Adopted        3/14/95                            
              CS       Comm/Floor Amend/Sub  CA                                 
              3/15/95  Amend/Sub Agreed To                                      
              3/31/95  Sent to Governor                                         
              4/7/95   Signed by Governor                                       
              238      Act/Veto Number                                          
              7/1/95   Effective Date                                           
              ----------------------------------------                          
Immediately Transmitted to the Senate                                           
                                                                                
Code Sections amended: 44-7-20                                                  


HB 167                                             HB 167/AP

      H. B. No. 167 (AS PASSED HOUSE AND SENATE)
      By:  Representatives Pelote of the 149th, Thomas of the
      148th, Bordeaux of the 151st and Dixon of the 150th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 1 of Chapter 7 of Title 44 of the Official
  1- 2  Code of Georgia Annotated, relating to landlord and tenant
  1- 3  in general, so as to provide that landlords shall be
  1- 4  required to give a prospective residential tenant written
  1- 5  notice of any previous flooding of such property in certain
  1- 6  circumstances; to provide for tort liability for failure to
  1- 7  provide notice; to provide for a definition and for
  1- 8  applicability; to repeal conflicting laws; and for other
  1- 9  purposes.

  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-11  Article 1 of Chapter 7 of Title 44 of the Official Code of
  1-12  Georgia Annotated, relating to landlord and tenant in
  1-13  general, is amended by adding at the end thereof a new Code
  1-14  Section 44-7-20 to read as follows:

  1-15    "44-7-20. (Index)

  1-16    When the owner of real property, either directly or
  1-17    through an agent, seeks to lease or rent that property for
  1-18    residential occupancy, prior to entering a written
  1-19    agreement for the leasehold of that property, the owner
  1-20    shall, either directly or through an agent, notify the
  1-21    prospective tenant in writing of the property's propensity
  1-22    of flooding if flooding has damaged any portion of the
  1-23    living space covered  by the lease or attachments thereto
  1-24    to which the tenant or the tenant's resident relative has
  1-25    sole and exclusive use under the written agreement at
  1-26    least three times during the five-year period immediately
  1-27    preceding the date of the lease. An owner failing to give
  1-28    such notice shall be liable in tort to the tenant and the
  1-29    tenant's family residing on the leased premises for
  1-30    damages to the personal property of the lessee or a
  1-31    resident relative of the lessee which is proximately
  1-32    caused by flooding which occurs during the term of the
  1-33    lease. For purposes of this Code section, flooding is


                             H. B. No. 167
                                 -1- (Index)

                                                   HB 167/AP

  2- 1    defined as the innundation of a portion of the living
  2- 2    space covered by the lease which was caused by an
  2- 3    increased water level in an established water source such
  2- 4    as a river, stream, or drainage ditch or as a ponding of
  2- 5    water at or near the point where heavy or excessive rain
  2- 6    fell. This Code section shall apply only to leaseholds
  2- 7    entered into on or after July 1, 1995."

                        SECTION 2 .

  2- 8  All laws and parts of laws in conflict with this Act are
  2- 9  repealed.




































                             H. B. No. 167
                                 -2- (Index)