09 LC
35 1447
House
Bill 823
By:
Representative Smith of the
113th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 44-7-2 of the Official Code of Georgia Annotated, relating to
parol contracts creating a landlord and tenant relationship, certain provisions
prohibited, and the effect of a provision for attorney's fees in a landlord and
tenant agreement, so as to clarify that certain provisions relating to
promissory notes or notes of obligation shall not apply to lease agreements; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 44-7-2 of the Official Code of Georgia Annotated, relating to parol
contracts creating a landlord and tenant relationship, certain provisions
prohibited, and the effect of a provision for attorney's fees in a landlord and
tenant agreement, is amended by revising subsection (c) as follows:
"(c)
A provision for the payment by the tenant of the attorney's fees of the landlord
upon the breach of a rental agreement by the tenant, which provision is
contained in a contract, lease, license agreement, or similar agreement, oral or
written, for the use or rental of real property as a dwelling place shall be
void unless the provision also provides for the payment by the landlord of the
attorney's fees of the tenant upon the breach of the rental agreement by the
landlord. The
provisions of Code Section 13-1-11, relating to the enforcement of obligations
to pay attorney's fees, shall not apply to a contract creating a landlord and
tenant relationship."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.