O.C.G.A. § 44-7-15 (2019)

Annotations

JUDICIAL DECISIONS Rule stated. - Tenant of a rented house is liable for the stipulated rent to the end of the tenant’s term although the house, before the expiration of such term, be destroyed by fire, unless the landlord does some act which in law amounts to an eviction of the tenant. Pope v. Gerrard, 39 Ga. 471 (1869); Fleming & Bowles v. King, 100 Ga. 449, 28 S.E. 239 (1897). Reason for rule is that the loss of the rent must fall somewhere, and there is no more equity that the landlord should bear it than the tenant, when the tenant has expressly agreed to pay the rent, and when the landlord must bear the loss of the property destroyed. Equity considers the calamity mutual and will not interfere to relieve against the express contract of the tenant. White v. Molyneux, 2 Ga. 124 (1847). Common law. - Statute is a codification of a common-law principle. Mayer & Crine v. Morehead, 106 Ga. 434, 32 S.E. 349 (1899) (see O.C.G.A. § 44-7-15). Casualty defined. - Casualty has been defined as ‘‘unforeseen circumstances not to be guarded against by human agency, and in which man takes no part,’’ as ‘‘an unforeseen accident; a misfortune,’’ as an ‘‘event not to be foreseen or guarded against.’’ Oakland Motor Car Co. v. Rippey Motor Co., 41 Ga. App. 784, 154 S.E. 823 (1930). Violent windstorm of unusual nature, such as might not reasonably be foreseen or guarded against, resulting in damage, should be deemed a casualty. Oakland Motor Car Co. v. Rippey Motor Co., 41 Ga. App. 784, 154 S.E. 823 (1930). What amounts to eviction. - Entering on premises to clean brick is not eviction when tenant did not object, nor was building wall around premises and pulling down remains of building under order of city. Fleming & Bowles v. King, 100 Ga. 449, 28 S.E. 239 (1897). To constitute an eviction which will operate as a suspension of rent, there must be either an actual expulsion of the tenant, or some act of a grave and permanent character done by the landlord with the intention of depriving the tenant of the enjoyment of the demised premises. The granting of an order restraining the tenant from removing the tenant’s goods beyond the state, and the

appointment of a receiver who took possession for several weeks did not amount to an eviction of the tenant. Potts-Thompson Liquor Co. v. Capital City Tobacco Co., 137 Ga. 648, 74 S.E. 279 (1912). When a landlord enters upon the rented premises for the ostensible purpose of making repairs, irrespective of whether it is in conformity with the legal obligation due to a tenant or for the purpose of protecting the landlord’s own property, if the landlord’s conduct consists of negligent acts of such grave and permanent character as would render the premises unfit for tenancy, and is such as would legally import the intent to deprive the tenants of their enjoyment, it amounts in law to an eviction of the tenant, and the landlord cannot thereafter recover subsequently accruing rent. Feinberg v. Sutker, 35 Ga. App. 505, 134 S.E. 173 (1926). Acts by stranger disturbing tenant. - Implied covenant in a lease contract for the quiet enjoyment of the premises by the tenant obligates the landlord to protect the tenant only against the landlord’s own acts, and not against the acts of strangers which disturb the tenant in the tenant’s quiet enjoyment and possession of the rented premises. Adair v. Allen, 18 Ga. App. 636, 89 S.E. 1099 (1916); Parker v. Munn Sign & Adv. Co., 29 Ga. App. 420, 115 S.E. 926 (1923). Exception in lease. - If the tenant would guard against loss by fire and tempest, the tenant must introduce into the tenant’s lease an exception to that effect. Lennard v. Boynton, 11 Ga. 109 (1852); Pope v. Gerrard, 39 Ga. 471 (1869). See also, Guthman v. Castleberry, 49 Ga. 272 (1873); Fleming & Bowles v. King, 100 Ga. 449, 28 S.E. 239 (1897). Right to possession after destruction. - When there is nothing to indicate an intention to limit the possession to buildings, and city premises are described by street numbers, the lessee takes an interest in the yard, garden, subjacent land, and appurtenances, and retains the right to the possession of such land after the buildings thereon have been destroyed, being in turn bound to pay rent for the balance of the term. P.H. Snook & Austin Furn. Co. v. Steiner & Emery, 117 Ga. 363, 43 S.E. 775 (1903). When the lease is only of a storeroom, the

destruction of the building containing the apartment terminates the tenant’s interest in the land, and the tenant has no right to damages on account of the landlord’s refusal to permit the tenant to occupy a similar apartment in a new structure erected on the same land. Gavan v. Norcross, 117 Ga. 356, 43 S.E. 771 (1903). Landlord’s obligation to rebuild. - If a storm completely destroys a dwelling, the landlord is not required to replace the dwelling, nor does the rent abate. Mayer & Crine v. Morehead, 106 Ga. 434, 32 S.E. 349 (1899). Tenant’s obligation to rebuild. - Statute imposes upon the tenant no obligation to replace a building or any portion thereof destroyed by fire, unless the tenant has contracted to do so. Oakland Motor Car Co. v. Rippey Motor Co., 41 Ga. App. 784, 154 S.E. 823 (1930) (see O.C.G.A. § 44-7-15). Setoff of building rebuilt by tenant. - Lessee cannot set off against the rent the value of a building which the lessee voluntarily erected on the rented premises to take the place of one destroyed by fire. Hicks &

Son v. Mozley & Co., 12 Ga. App. 661, 78 S.E. 133 (1913). When landlord parts with title. - While it is true that the destruction of a tenement by fire, or the loss thereof by a casualty not caused by the landlord, will not release the tenant from a rent contract already in existence, still, if the landlord makes an admission in judicio that the landlord has parted with full title to the property, thus rendering the landlord unable to specifically perform the contract as to such property, equity will not decree specific performance as to the adverse party. Ledbetter v. Goodroe, 179 Ga. 69, 175 S.E. 250 (1934). Continuation of rent when law prohibits business. - Lessee of hotel with barroom can have no reduction of rent on account of law prohibiting sale of liquors, without express stipulation. Lawrence v. White, 131 Ga. 840, 63 S.E. 631, 12 L.R.A. (n.s.) 966, 15 Am. Ann. Cas. 1097 (1909). Cited in Kanes v. Koutras, 203 Ga. 570, 47 S.E.2d 558 (1948); Sewell v. Royal, 147 Ga. App. 88, 248 S.E.2d 165 (1978).

RESEARCH REFERENCES Am. Jur. 2d. - 49 Am. Jur. 2d, Landlord and Tenant, §§ 456, 475. C.J.S. - 52A C.J.S., Landlord and Tenant, § 1010. ALR. - What is unavoidable or inevitable casualty or accident within provision of lease, 20 ALR 1101; 24 ALR 1461. Acts of insurance company or public authorities to protect property after fire as constructive eviction of tenant, 29 ALR 1361. Landlord’s liability for damage to tenant’s property by fire, 66 ALR 1393. Condition of premises within contemplation of provision of lease or statute for cessation of rent or termination of lease in event of destruction of or damage to property as result of fire, 118 ALR 106; 61 ALR2d 1445. Validity, construction, and application of statute or ordinance which precludes recovery of rent in case of occupancy of building which does not conform to building and health regulations, or where certificate of

conformity has not been issued, 144 ALR 259. Condemnation of premises or part thereof as affecting rights of landlord and tenant inter se, 163 ALR 679. Duty of lessee to remove his equipment, machinery, debris, or other property from leased premises after a fire or casualty, 46 ALR2d 839. Condition of premises within contemplation of provision of lease or statute for cessation of rent or termination of lease in event of destruction of or damage to property as result of fire, calamity, the elements, act of God, or the like, 61 ALR2d 1445. Validity, construction, and effect of provision of lease exempting landlord or tenant from liability on account of fire, 15 ALR3d 786. Landlord’s liability for damage to tenant’s property caused by water, 35 ALR3d 143. Modern status of rule as to tenant’s rent liability after injury to or destruction of demised premises, 99 ALR3d 738.