SB46.html

To amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to change certain time limits; to change the time within which the tenant must file an answer; to change the provisions relating to defenses and counterclaims; to change the provisions relating to tenders of rents owed and costs; to change the period for payments pursuant to court orders; to change the provisions relating to tenants remaining in possession; to change the provisions relating to payments into court; to change certain provisions relating to writs of possession and their effective dates; to change the provisions relating to appeals, the filing thereof, and supplementing the record; to repeal conflicting laws; and for other purposes.

Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, is amended by striking Code Section 44-7-51, relating to issuance of summons, service, time for answer, and defenses and counterclaims, and inserting in its place the following:
"44-7-51.
(a) When the affidavit provided for in Code Section 44-7-50 is made, the judge of the superior court, the state court, or any other court with jurisdiction over the subject matter or the judge, clerk, or deputy clerk of the magistrate court shall grant and issue a summons to the sheriff or his deputy or to any lawful constable of the county where the land is located. A copy of the summons and a copy of the affidavit shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be had by delivering the summons and the affidavit to any person who is sui juris residing on the premises or, if after reasonable effort, one attempt at deliverance shall constitute reasonable effort, no such person is found residing on the premises, by posting a copy of the summons and the affidavit on the door of the premises and, on the same day of such posting, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the affidavit to the defendant at his last known address, if any, and making an entry of this action on the affidavit filed in the case.
(b) The summons served on the defendant pursuant to subsection (a) of this Code section shall command and require the tenant to answer either orally or in writing within ~~seven~~ five days from the date of the actual service unless the ~~seventh~~ fifth day is a Saturday, a Sunday, or a legal holiday, in which case the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense or counterclaim. The landlord need not appear on the date of the tenant´s response. The last possible date to answer shall be stated on the summons."

Said article is further amended by striking Code Section 44-7-52, relating to when tender of payment by a tenant serves as a complete defense, and inserting in its place the following:
"44-7-52.
(a) Except as provided in subsection (c) of this Code section, in an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within ~~seven~~ five days of the day the tenant was served with the summons pursuant to Code Section 44-7-51, all rents allegedly owed plus the cost of the dispossessory warrant. Such a tender shall be a complete defense to the action; provided, however, that a landlord is required to accept such a tender from any individual tenant after the issuance of a dispossessory summons only once in any 12 month period.
(b) If the court finds that the tenant is entitled to prevail on the defense provided in subsection (a) of this Code section and the landlord refused the tender as provided under subsection (a) of this Code section, the court shall issue an order requiring the tenant to pay immediately to the landlord all rents which are owed by the tenant and the costs of the dispossessory warrant ~~within three days of said order~~. Upon failure of the tenant to pay such sum, a writ of possession shall issue. Such payment shall not count as a tender pursuant to subsection (a) of this Code section.
(c) For a tenant who is not a tenant under a residential rental agreement as defined in Code Section 44-7-30, tender and acceptance of less than all rents allegedly owed plus the cost of the dispossessory warrant shall not be a bar nor a defense to an action brought under Code Section 44-7-50 but shall, upon proof of same, be considered by the trial court when awarding damages."

Said article is further amended by striking subsection (b) of Code Section 44-7-53, relating to when a court shall issue a writ of possession, the trial of the issues, and possession pending the trial, and inserting in its place the following:
"(b) If the tenant answers, a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record except that if the action is tried in the magistrate court the trial shall be had in accordance with the procedures prescribed for that court. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, that, at the time of his or her answer, the tenant must pay rent into the registry of the court pursuant to Code Section 44-7-54."

Said article is further amended by striking subsection (a) of Code Section 44-7-54, relating to payment of rent and utility payments into court, issuance of a writ upon failure to pay, and disposition of funds, and inserting in its place the following:
"(a) In any case where the issue of the right of possession cannot be finally determined within ~~two weeks~~ five days from the date of service of the copy of the summons and the copy of the affidavit, the tenant shall be required to pay into the registry of the trial court:
(1) All rent and utility payments which are the responsibility of the tenant payable to the landlord under terms of the lease which are due and become due after the issuance of the dispossessory warrant, said rent and utility payments to be paid as such become due. If the landlord and the tenant disagree as to the amount of rent, either or both of them may submit to the court any written rental contract for the purpose of establishing the amount of rent to be paid into the registry of the court. If the amount of rent is in controversy and no written rental agreement exists between the tenant and landlord, the court shall require the amount of rent to be a sum equal to the last previous rental payment made by the tenant and accepted by the landlord without written objection; and
(2) All rent and utility payments which are the responsibility of the tenant payable to the landlord under terms of the lease allegedly owed prior to the issuance of the dispossessory warrant; provided, however, that, in lieu of such payment, the tenant shall be allowed to submit to the court a receipt indicating that payment has been made to the landlord. In the event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid into court in the same manner as provided in paragraph (1) of this subsection."

Said article is further amended by striking subsection (a) of Code Section 44-7-55, relating to judgment, writ of possession, the landlord´s liability for wrongful conduct, and distribution of funds paid into court, and inserting in its place the following:
"(a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute. The court shall issue a writ of possession, both of execution for the judgment amount and a writ to be effective at the expiration of ~~seven~~ five days after the date such judgment was entered, except as otherwise provided in Code Section 44-7-56."

Said article is further amended by striking Code Section 44-7-56, relating to appeal and possession and payment of rent pending appeal, and inserting in its place the following:
"44-7-56.
Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within ~~seven~~ five days of the date such judgment was entered and provided, further, that, after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 ten days, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the court may upon motion of the landlord and upon good cause shown order the tenant to pay into the registry of the court all sums found by the trial court to be due for rent in order to remain in possession of the premises. The tenant shall also be required to pay all future rent as it becomes due into the registry of the trial court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal."