O.C.G.A. § 44-7-52 (2019)
When tender of payment by tenant serves as complete defense
(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 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 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.
History
(Code 1933, § 61-309, enacted by Ga. L. 1970, p. 968, § 6; Ga. L. 1998, p. 1380, § 1.)
Annotations
JUDICIAL DECISIONS Rent means money. - General Assembly in giving tenants the right to remain in possession during the pendency of a dispossessory proceeding by tendering the payment of rent into court intended ‘‘rent’’ to mean ‘‘money.’’ Lipshutz v. Shantha, 144 Ga. App. 196, 240 S.E.2d 738 (1977). Failure to tender costs. - Although the defendant tenant tendered all rent due within seven days after service, but failed to tender the amount of the cost of the dispossessory warrant, the defendant did not have a complete defense so as to bar the
action. Terrell v. Griffith, 129 Ga. App. 675, 200 S.E.2d 485 (1973). Second tender in 12-month period no defense. - Housing authority was not required to accept a tenant’s tender of rent and the cost of dispossessory warrant made in response to the authority’s second dispossessory warrant issued within a 12-month period. Housing Auth. v. Jackson, 216 Ga. App. 51, 453 S.E.2d 60 (1994). Acceptance of late rent not estoppel. - Fact that the tenant had been delinquent in rental payments during two prior months,
which failures to pay had generated termination notices not followed through by the landlord, who accepted late rental payments on those occasions, did not constitute an estoppel which would require the landlord to accept late rent after termination notices on subsequent occasions. Baker v. Housing Auth., 152 Ga. App. 64, 262 S.E.2d 183 (1979). Reliance on terms of agreement. - Termination notice obviously indicates an intention to rely on the exact terms of the agreement. Baker v. Housing Auth., 152 Ga. App. 644, 262 S.E.2d 183 (1979). Waiver of defenses when lease concerns commercial property. - Landlord was entitled to rely on default provisions of lease of residence for commercial purposes in refusing tender of past due rent and in taking action to dispossess appellant, and appellant was not entitled to defenses of O.C.G.A. § 44-7-50 et seq., having waived those provisions in the lease. Eason Publications, Inc. v. Monson, 163 Ga. App. 370, 294 S.E.2d 585 (1982).
New trial on grounds of payment of rent not available remedy. - Fact that the appellant had made out an affirmative defense as to payment of rent, and that the evidence showed the rent was paid, avails the appellant nothing when the issue was not raised at trial as a defense and no disposition, verdict, or judgment was sought on its account. A motion for a new trial on the grounds of payment of rent is not an available remedy to a dispossessory action since the plea of ‘‘complete defense’’ as a matter of law goes to the judgment only and not the verdict. Able-Craft, Inc. v. Bradshaw, 167 Ga. App. 725, 307 S.E.2d 671 (1983). Cited in West Court Square v. Assayag, 131 Ga. App. 690, 206 S.E.2d 579 (1974); Minit Chek Food Stores, Inc. v. Plaza Capital, Inc., 135 Ga. App. 110, 217 S.E.2d 415 (1975); C & A Land Co. v. Rudolf Inv. Corp., 163 Ga. App. 832, 296 S.E.2d 149 (1982); Greenhill v. Allen, 181 Ga. App. 532, 352 S.E.2d 845 (1987).
RESEARCH REFERENCES Am. Jur. 2d. - 49 Am. Jur. 2d, Landlord and Tenant, § 950. C.J.S. - 52A C.J.S., Landlord and Tenant, § 1376 et seq. ALR. - Power of equity to relieve against forfeiture of lease for nonpayment of rent, 16 ALR 437.
Demand of rent due as prerequisite of enforcement of forfeiture or termination of lease providing for termination for nonpayment, 28 ALR2d 803; 31 ALR4th 1254. Relief against forfeiture of lease for nonpayment of rent, 31 ALR2d 321.