Georgia Senate - 1995/1996 Sessions

SB 601 - Landlord/Tenant - prohibit cert. landlord retaliation against tenant

Page Numbers - 1/ 2/ 3

Code Sections - 44-7-21

1. James  35th            2. Harbison  15th


Senate Comm: Judy       /         House Comm:            /                                          
Senate Vote: Yeas       Nays                                                                        
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/23/96   Read 1st time                                                                
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended:                                                                              


SB 601 96                                          LC 10 1410

      SENATE BILL 601

      By:  Senator James of the 35th and Harbison of the 15th


                        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 general provisions
  1- 3  applicable to landlords and tenants, so as to prohibit a
  1- 4  landlord from retaliating against a tenant by increasing
  1- 5  rent or decreasing services or by bringing or threatening to
  1- 6  bring an action for possession after the tenant has
  1- 7  exercised certain rights or undertaken certain legal
  1- 8  actions; to provide for remedies and to provide a defense in
  1- 9  any retaliatory action against the landlord for possession;
  1-10  to provide that certain action by the landlord creates a
  1-11  presumption that the landlord's conduct was in retaliation;
  1-12  to define a certain term; to provide conditions under which
  1-13  a landlord may bring an action for possession; to provide
  1-14  that an action by landlord under this Act shall not release
  1-15  the landlord from other liabilities; to provide that a
  1-16  landlord's action for possession under this Act shall not
  1-17  affect the right of a landlord to bring an action for
  1-18  possession as otherwise authorized by law; to provide for
  1-19  damages in cases where a landlord is in violation of this
  1-20  Act; to provide for reasonable attorney's fees; to require a
  1-21  landlord in violation of this Act to return to the tenant
  1-22  any security deposit and prepaid rent; to repeal conflicting
  1-23  laws; and for other purposes.

  1-24       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-25  Article 1 of Chapter 7 of Title 44 of the Official Code of
  1-26  Georgia Annotated, relating to general provisions applicable
  1-27  to landlords and tenants, is amended by adding following
  1-28  Code Section 44-7-20 a new Code Section 44-7-21 to read as
  1-29  follows:

  1-30    "44-7-21. (Index)

  1-31    (a) Except as provided in this Code section, a landlord
  1-32    may not retaliate by increasing rent or decreasing



                             S. B. 601
                                 -1- (Index)

                                                  LC 10 1410

  2- 1    services or by bringing or threatening to bring an action
  2- 2    for possession after:

  2- 3      (1) The tenant has complained to a governmental agency
  2- 4      charged with responsibility for enforcement of a
  2- 5      building or housing or fire safety code of a violation
  2- 6      applicable to the premises materially affecting health
  2- 7      or safety;

  2- 8      (2) The tenant has complained to the landlord of a
  2- 9      violation of the lease agreement by the landlord or a
  2-10      violation of Code Section 44-7-13; or

  2-11      (3) The tenant has organized or become a member of a
  2-12      tenant's association or similar organization.

  2-13    (b) If the landlord acts in violation of subsection (a) of
  2-14    this Code section, the tenant is entitled to remedies
  2-15    provided in subsection (d) of this Code section and has a
  2-16    defense in any retaliatory action against him or her for
  2-17    possession. In any action by or against the tenant,
  2-18    evidence of a complaint within one year before the alleged
  2-19    act of retaliation creates a presumption that the
  2-20    landlord's conduct was in retaliation. The presumption
  2-21    does not arise if the tenant made the complaint after
  2-22    notice of a proposed rent increase or diminution of
  2-23    services. As used in this subsection, the term
  2-24    'presumption' means that the trier of fact must find the
  2-25    existence of the fact presumed unless and until evidence
  2-26    is introduced which would support a finding of its
  2-27    nonexistence.

  2-28      (c)(1) Notwithstanding the provisions of subsections (a)
  2-29      and (b) of this Code section, a landlord may bring an
  2-30      action for possession if:

  2-31        (A) The violation of the applicable building or
  2-32        housing or fire safety code was caused primarily by
  2-33        lack of reasonable care by the tenant, a member of the
  2-34        tenant's family, or other person on the premises with
  2-35        the consent of the tenant;

  2-36        (B) The tenant is in default in rent; or

  2-37        (C) Compliance with the applicable building or housing
  2-38        or fire safety code requires alteration, remodeling,
  2-39        or demolition which would effectively deprive the
  2-40        tenant of use of the dwelling unit.



                             S. B. 601
                                 -2- (Index)

                                                  LC 10 1410

  3- 1      (2) The maintenance of an action under paragraph (1) of
  3- 2      this subsection does not release the landlord from
  3- 3      liability under other provisions of this chapter.

  3- 4      (3) The right of a landlord under this subsection to
  3- 5      bring an action for possession is not exclusive and
  3- 6      shall not affect the right of a landlord to bring an
  3- 7      action for possession as otherwise authorized in this
  3- 8      chapter.

  3- 9    (d) If a landlord is found in violation of subsection (a)
  3-10    of this Code section, the tenant may recover possession or
  3-11    terminate the rental agreement and, in either case,
  3-12    recover an amount not more than three months' periodic
  3-13    rent or three times the actual damages sustained by the
  3-14    tenant, whichever is greater, and reasonable attorney's
  3-15    fees. If the rental agreement is terminated, the landlord
  3-16    shall return any security deposit recoverable under
  3-17    Article 2 of this chapter and all prepaid rent."

                         SECTION 2.

  3-18  All laws and parts of laws in conflict with this Act are
  3-19  repealed.

























                             S. B. 601
                                 -3- (Index)