Loading chat...
GA HB928
Bill
Status
Introduced
2/5/2014
Primary Sponsor
David Knight
Click for details
AI Summary
- Amends Georgia Code Section 44-7-53 to allow landlords to file a motion for summary dispossessory judgment for possession of premises when a tenant answers in a dispossessory proceeding, bypassing a full trial if no genuine issue of material fact exists
- Requires the landlord's summary dispossessory motion to be served on the tenant by statutory overnight delivery the same day it is filed, with a certificate of service and notice of the tenant's right to respond within 5 days
- Grants the court authority to render judgment and issue a writ of possession effective 7 days after entry if the landlord's affidavit and the tenant's answer show no genuine factual dispute regarding the tenant's holdover, failure to pay rent, or at-will/sufferance occupancy after the landlord demanded possession
- Prohibits summary dispossessory judgments for rents owed, requiring instead a full trial on any claims for unpaid rent
- Removes the tenant's right to remain in possession pending final litigation when a summary dispossessory judgment is granted, while preserving that right in cases proceeding to a standard trial
Legislative Description
Property; summary dispossessory judgments in dispossessory proceedings; provide
Last Action
House Second Readers
2/7/2014
Full Bill Text
No bill text available