In general.

- Tenant may not dispute the title of the tenant's landlord without first surrendering possession. Doe v. Roe & Beckom, 33 Ga. 163 (1862); Richardson v. Harvey, 37 Ga. 224 (1867); Gleaton v. Gleaton, 37 Ga. 650 (1868); Grizzle v. Gaddis, 75 Ga. 350 (1885); Beckham v. Maples, 95 Ga. 773, 22 S.E. 894 (1895); Sparks v. Conrad, 99 Ga. 643, 27 S.E. 764 (1896); Grizzard v. Roberts, 110 Ga. 41, 35 S.E. 291 (1900); Veazey v. Sinclair Ref. Co., 66 Ga. App. 730, 19 S.E.2d 53 (1942); Salter v. Salter, 81 Ga. App. 864, 60 S.E.2d 424 (1950).

Exception to rule.

- If the landlord parts with the title to the disputed premises or if the premises be lawfully sold under execution against the landlord, the tenant may in good faith attorn to the purchaser. Roe v. Doe, 48 Ga. 165, 15 Am. R. 656 (1873); Raines v. Hindman, 136 Ga. 450, 71 S.E. 738, 38 L.R.A. (n.s.) 863, 16 Am. Ann. Cas. 347 (1911); Hines v. Lavant, 158 Ga. 336, 123 S.E. 611 (1924); Salter v. Salter, 81 Ga. App. 864, 60 S.E.2d 424 (1950).

Rationale for rule.

- Reason for the rule is that one who goes into possession under another shall not be permitted to deny the character in which that one went in. A.F. Burnett & Bro. v. William Rich & Co., 45 Ga. 211 (1872).

Extension of rule.

- As a general rule, a tenant shall never be permitted to controvert the landlord's title, or set up against the landlord a title acquired by the tenant during the tenancy which is hostile in its character to that which the tenant acknowledged in accepting the demise, and this rule extends to a tenant holding over as well as to an undertenant, assignee, or other person claiming under the lessee. Veazey v. Sinclair Ref. Co., 66 Ga. App. 730, 19 S.E.2d 53 (1942).

Change of character of holding.

- Tenant cannot change the character of the tenant's holding without the consent of the landlord, even after the expiration of the original rent period, until the tenant surrenders the premises. This is true notwithstanding the person putting the tenant in possession may not have owned the land. Morgan v. Morgan, 65 Ga. 493 (1880); Grizzle v. Gaddis, 75 Ga. 350 (1885); Grizzard v. Roberts, 110 Ga. 41, 35 S.E. 291 (1900); Johnson v. Thrower, 117 Ga. 1007, 44 S.E. 846 (1903); Hodges v. Waters, 124 Ga. 229, 52 S.E. 161, 110 Am. St. R. 166, 1 L.R.A. (n.s.) 1181 (1905); Bullard v. Hudson, 125 Ga. 393, 54 S.E. 132 (1906); Watters v. Hertz, 135 Ga. 804, 70 S.E. 338 (1911); New v. Quinn, 31 Ga. App. 102, 119 S.E. 457 (1923).

Trustee as landlord.

- Trustee is bound to perform the duty, enjoined by this statute upon all landlords of keeping the premises in repair, and especially so when the landlord expressly undertook by agreement with the tenant so to do. Miller v. Smythe, 92 Ga. 154, 18 S.E. 46 (1893) (see O.C.G.A. § 44-7-9).

Action by tenant against subtenant.

- In dispossessory warrant proceeding, brought by tenant against subtenant for nonpayment of rent, subtenant could not set up a superior title in the owner of the premises when the owner had not elected to treat the subtenant as the owner's tenant. Veazey v. Sinclair Ref. Co., 66 Ga. App. 730, 19 S.E.2d 53 (1942).

Attornment to vendee.

- When the landlord parts with the landlord's title pending the lease, the tenant in the absence of any reservation to the contrary becomes the tenant of the purchaser. Grizzle v. Gaddis, 75 Ga. 350 (1885); Stewart Bros. v. Cook, 24 Ga. App. 509, 101 S.E. 304 (1919).

Landlord's successor in title.

- In a summary proceeding by a landlord to dispossess a tenant as one holding over beyond the expiration of one's term, it is no defense that the landlord's title to the premises expired before the institution of the dispossessory proceeding, and that the tenant is now holding under the landlord's successor in title, since it does not appear that after the creation of the tenancy the landlord parted with title, or that the alleged successor to the landlord's title is in privity with it. Lee v. Lacy, 26 Ga. App. 126, 105 S.E. 619, cert. denied, 26 Ga. App. 801 (1921).

Attacking title of former landlord.

- Rule estops the tenant from disputing the landlord's title so long as the tenant is in possession. The rule does not prevent the tenant from attacking the title of the former landlord, but requires as a prerequisite to such attack that the tenant surrender possession. Barnett v. Lewis, 194 Ga. 203, 20 S.E.2d 912 (1942).

Vendee purchasing apparent title from tenant.

- Vendee of a tenant who has an apparent legal title and from whom the purchase was made, with or without notice of the tenancy, cannot dispute the title of the landlord, in an action of complaint for land, until the vendee has restored the possession to the tenant. Vada Naval Stores Co. v. Sapp, 148 Ga. 677, 98 S.E. 79 (1919).

Lessee-landlord's term expired.

- Lessee whose terms under an unsigned lease for five years has expired cannot evict subtenant who has not attorned to owner of land. Beasley v. Lee, 155 Ga. 634, 117 S.E. 743 (1923).

Tenant in possession claiming title when term begins.

- Rule that a tenant cannot set up a title to the rented premises in opposition to that claimed by the landlord is applicable, although at the time the contract of rent was made the tenant was in possession, claiming title to the premises. Johnson v. Thrower, 117 Ga. 1007, 44 S.E. 846 (1903); Willis v. Harrell, 118 Ga. 906, 45 S.E. 794 (1903); Wills v. Purcell, 198 Ga. 666, 32 S.E.2d 392 (1944).

Tenant returning to premises.

- When a landlord enters into a valid agreement with a tenant by the terms of which the landlord agrees to accept symbolical delivery of the premises on the last day of the term, the vacation of the premises on the date stipulated is a complete surrender of the premises, and a tenant who thereafter moves back on the premises under a claim of title is not the tenant of the former landlord and is not estopped to dispute title to the premises. Lasseter v. Fenn, 66 Ga. App. 173, 17 S.E.2d 303 (1941).

Tenant of husband and wife as to homestead property.

- When the head of a family rented land set apart as an exemption under former Civil Code 1910, § 3425 (see O.C.G.A. § 44-13-100), after having abandoned his wife and moved away from the exempted land, the principle that a tenant cannot attorn to another claimant is not applicable, as the tenant in such circumstances will be treated as the tenant of the wife when she is the sole beneficiary of the homestead exemption. Wood v. Wood, 171 Ga. 389, 155 S.E. 678 (1930).

Tenant's heirs cannot dispute the landlord's title. Lewis v. Adams, 61 Ga. 559 (1878).

Tenant claiming life estate.

- When a tenant alleged that the landlord had orally granted the tenant a life estate in a portion of property the tenant had farmed under a series of crop leases, by executing a lease covering all of the property, the tenant was estopped from taking the inconsistent position of claiming a life estate in a portion thereof. Eslinger v. Keith, 218 Ga. App. 742, 463 S.E.2d 501 (1995).

Since plaintiff never signed a lease on a lot, but paid rent on a month-to-month basis, plaintiff was estopped from asserting a life estate ownership interest in the property and thereby disputing the landlord's title to the property during a dispossessory hearing. Gentry v. Chateau Properties, 236 Ga. App. 371, 511 S.E.2d 892 (1999).

Specific performance to sell land.

- Tenant in possession of land is not estopped from seeking specific performance by administrator of deceased landlord's estate of landlord's agreement to devise land to tenant since such an agreement does not involve a dispute of the landlord's title, but necessarily amounts to an admission by the tenant that the landlord had title. Bowles v. White, 206 Ga. 433, 57 S.E.2d 547 (1950).

Void judicial sale.

- If after a judicial sale of land, which was void, the defendant in fi. fa. treats the sale as valid and enters into a contract with the purchaser whereby the defendant becomes the tenant of the purchaser and remains in possession of the land under the new relation of the parties as landlord and tenant, the defendant will be estopped by so remaining in possession from disputing the title of the landlord. Bryant v. Towns, 177 Ga. 571, 170 S.E. 669 (1933).

Fraudulent title.

- Even if title is fraudulent, the tenant has no right to dispute the title. Gleaton v. Gleaton, 37 Ga. 650 (1868); Tufts v. DuBignon, 61 Ga. 322 (1878).

Misrepresentations of lessor.

- Estoppel is not operative when lessees' recognition of the lessors' title has been induced by misrepresentations of the latter. Goodman v. Friedman, 117 Ga. App. 475, 161 S.E.2d 71, cert. dismissed, 224 Ga. 497, 162 S.E.2d 295 (1968).

Recovery upon admission of title.

- When it is established that the relation of landlord and tenant exists, the landlord may recover upon the admission of title which grows out of that relation. City of Jefferson v. Trustees of Martin Inst., 199 Ga. 71, 33 S.E.2d 354 (1945).

Testimony showing tenancy.

- Provisions of this statute are applicable when, although no plea of estoppel was filed by the defendant who claims to be the landlord and it does not appear in the petition, the testimony of the petitioner, admitted without objection, shows the petitioner to be the tenant of such defendant. Consolidated Realty Invs., Inc. v. Gasque, 203 Ga. 790, 48 S.E.2d 510 (1948) ??? (see O.C.G.A. § 44-7-9).

Landlord need not prove title.

- By virtue of O.C.G.A. § 44-11-1, a landlord is authorized to file a complaint for the ejectment of a tenant alleging, not that the landlord has a presently enforceable legal title to the land, but that the landlord has a presently enforceable lease contract with the tenant and that the tenant has breached that contract so as to entitle the landlord to possession. Ingold, Inc. v. Adair, 247 Ga. 155, 274 S.E.2d 560 (1981).

Defense of dispossessory action.

- Tenant could not defend a dispossessory action by challenging the existence of a landlord-tenant relationship based on an attack on the validity of the original landlord's title to the land and transfer of the property to a city. Bridges v. City of Moultrie, 210 Ga. App. 697, 437 S.E.2d 368 (1993).

When a tenant's defense to a dispossessory action was that the landlord had lost title to the property prior to the filing of the action, the tenant was entitled to a trial on the issue of whether a landlord-tenant relationship still existed between the parties, and the trial court's grant of a writ of possession was reversed. Holy Fellowship Church of God in Christ v. Greater Travelers Rest Baptist Church, 236 Ga. App. 177, 511 S.E.2d 280 (1999).

Cited in McDowell v. Sutlive, 78 Ga. 142, 2 S.E. 937 (1886); Dennard v. Lewis, 142 Ga. 171, 82 S.E. 558 (1914); Hardeman v. Ellis, 162 Ga. 664, 135 S.E. 195 (1926); English v. Little, 164 Ga. 805, 139 S.E. 678 (1927); Dunlop Tire & Rubber Co. v. White, 45 Ga. App. 268, 164 S.E. 414 (1932); Sterchi Bros. Stores, Inc. v. Mitchell, 49 Ga. App. 826, 176 S.E. 537 (1934); West v. Flynn Realty Co., 53 Ga. App. 594, 186 S.E. 753 (1936); Jones v. Home Owners Loan Corp., 188 Ga. 466, 4 S.E.2d 146 (1939); Brinkley v. Newell, 188 Ga. 678, 4 S.E.2d 827 (1939); Smith v. Aldridge, 192 Ga. 376, 15 S.E.2d 430 (1941); Cliett v. Metropolitan Life Ins. Co., 195 Ga. 257, 24 S.E.2d 59 (1943); Darling Stores Corp. v. William Beatus, Inc., 68 Ga. App. 869, 24 S.E.2d 805 (1943); Holliday v. Guill, 196 Ga. 723, 27 S.E.2d 398 (1943); Partain v. King, 206 Ga. 530, 57 S.E.2d 617 (1950); Seay v. Malone, 219 Ga. 149, 132 S.E.2d 261 (1963); Friedman v. Goodman, 222 Ga. 613, 151 S.E.2d 455 (1966); Moorman v. Brumby, 223 Ga. 39, 153 S.E.2d 444 (1967); Scarbor v. Scarbor, 226 Ga. 323, 175 S.E.2d 6 (1970); Leslie, Inc. v. Solomon, 141 Ga. App. 673, 234 S.E.2d 104 (1977); Lamas v. Citizens & S. Nat'l Bank, 241 Ga. 349, 245 S.E.2d 301 (1978); Ferguson v. Bank of S., 164 Ga. App. 443, 296 S.E.2d 756 (1982); Myers v. North Ga. Title & Tax Free Exchange, LLC, 241 Ga. App. 379, 527 S.E.2d 212 (1999).

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, § 98 et seq.

C.J.S.

- 51C C.J.S., Landlord and Tenant, § 266 et seq.

ALR.

- Fraud, misrepresentation, or mistake as affecting estoppel of tenant to deny landlord's title, 2 A.L.R. 359.

Estoppel of assignee or sublessee to dispute lessor's title where assignment or sublease is conditioned upon validity of the title, 36 A.L.R. 1287.

Estoppel to dispute landlord's title where tenant never was in possession under the lease, 98 A.L.R. 545.

Tenant's adverse possession or use of third person's land not within the description in the lease as inuring to landlord's benefit so as to support latter's title or right by adverse possession or prescription, 105 A.L.R. 1187.

Right of tenant, as against landlord, to acquire or assert title based on foreclosure of lien or sale for tax or special assessment, 172 A.L.R. 1181.

Estoppel by lease: effect of lessor's after-acquired title or interest during lease term, 51 A.L.R.2d 1238.