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2018 Georgia Code 44-7-31 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-7-31 Case Law from Google Scholar Amendments to OCGA 44-7-31

TITLE 44 PROPERTY

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

ARTICLE 2 SECURITY DEPOSITS

44-7-31. Placement of security deposit in trust in escrow account; notice to tenant of account location.

Except as provided in Code Section 44-7-32, whenever a security deposit is held by a landlord or such landlord's agent on behalf of a tenant, such security deposit shall be deposited in an escrow account established only for that purpose in any bank or lending institution subject to regulation by this state or any agency of the United States government. The security deposit shall be held in trust for the tenant by the landlord or such landlord's agent except as provided in Code Section 44-7-34. Tenants shall be informed in writing of the location of the escrow account required by this Code section.

(Code 1933, § 61-602, enacted by Ga. L. 1976, p. 1372, § 6; Ga. L. 2006, p. 656, § 1/HB 1273.)

JUDICIAL DECISIONS

Action to recover rent not barred by landlord's failure to comply with section.

- Even though a landlord did not comply with the provisions of the security deposit statute, this did not bar the landlord from bringing an action to recover unpaid rent due on a lease contract or for withholding the security deposit for nonpayment of rent. Zakaria v. McElwaney, 174 Ga. App. 149, 329 S.E.2d 310 (1985).

Unverified affidavit.

- Failure to verify an affidavit as provided by law is an amendable defect. Cobb v. McCrary, 152 Ga. App. 212, 262 S.E.2d 538 (1979).

Security deposit not part of the estate in bankruptcy.

- Security deposits received from tenants and placed in accounts seized by the trustee in bankruptcy were held in trust for the benefit of the tenants. Any property held in trust for the benefit of a third party does not become part of the estate in bankruptcy, accordingly, the trustee could not claim and control the funds from the security deposits as property of the estate. Empire Fin. Servs. v. Gingold (In re Real Estate W. Ventures), 170 Bankr. 736 (Bankr. N.D. Ga. 1993).

RESEARCH REFERENCES

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, § 60.

C.J.S.

- 52A C.J.S., Landlord and Tenant, § 990.

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.

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