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2018 Georgia Code 44-7-30 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 7. Landlord and Tenant, 44-7-1 through 44-7-119.

ARTICLE 2 SECURITY DEPOSITS

44-7-30. Definitions.

As used in this article, the term:

  1. "Nonrefundable fee" means any money or other consideration paid or given by a tenant to a landlord under the terms of a residential rental agreement which the parties agreed would not be refunded.
  2. "Residential rental agreement" means a contract, lease, or license agreement for the rental or use of real property as a dwelling place.
  3. "Security deposit" means money or any other form of security given after July 1, 1976, by a tenant to a landlord which shall be held by the landlord on behalf of a tenant by virtue of a residential rental agreement and shall include, but not be limited to, damage deposits, advance rent deposits, and pet deposits. Such term shall not include nonrefundable fees, or money or other consideration which are not to be returned to the tenant under the terms of the residential rental agreement or which were to be applied toward the payment of rent or reimbursement of services or utilities provided to the tenant.

(Code 1933, § 61-601, enacted by Ga. L. 1976, p. 1372, § 6; Ga. L. 1982, p. 3, § 44; Ga. L. 2007, p. 498, § 3/SB 94.)

Administrative Rules and Regulations.

- Immediate Transfer of Residents, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Personal Care Homes, Rule 111-8-62-.29.

Discharge or Transfer of Residents, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, Personal Care Homes, Rule 111-8-62-.30.

JUDICIAL DECISIONS

Refundability of a "security deposit" is implicit, and the absence of any express agreement as to the refundability of such a deposit is immaterial. Race, Inc. v. Wade Leasing, Inc., 201 Ga. App. 340, 411 S.E.2d 56 (1991).

Cited in Kimber v. Towne Hills Dev. Co., 156 Ga. App. 401, 274 S.E.2d 620 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, § 522.

C.J.S.

- 52A C.J.S., Landlord and Tenant, § 989 et seq.

ALR.

- Validity and construction of provision of lease or condition of bond protecting lessor from loss in consequence of violation of the liquor law, 62 A.L.R. 431.

No results found for Georgia Code 44-7-30.