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§ 44-7-50 - Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice

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O.C.G.A.44-7-50 (2010) 44-7-50.Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice (a)Inall cases where a tenant holds possession of lands or tenements overand beyond the term for which they were rented or leased to the tenantor fails to pay the rent when it becomes due and in all cases wherelands or tenements are held and occupied by any tenant at will orsufferance, whether under contract of rent or not, when the owner of thelands or tenements desires possession of the lands or tenements, theowner may, individually or by an agent, attorney in fact, or attorney atlaw, demand the possession of the property so rented, leased, held, oroccupied. If the tenant refuses or fails to deliver possession when sodemanded, the owner or the agent, attorney at law, or attorney in factof the owner may immediately go before the judge of the superior court,the judge of the state court, or the clerk or deputy clerk of eithercourt, or the judge or the clerk or deputy clerk of any other court withjurisdiction over the subject matter, or a magistrate in the districtwhere the land lies and make an affidavit under oath to the facts. Theaffidavit may likewise be made before a notary public, subject to thesame requirements for judicial approval specified in Code Section18-4-61, relating to garnishment affidavits.(b)Ifissued by a public housing authority, the demand for possessionrequired by subsection (a) of this Code section may be providedconcurrently with the federally required notice of lease termination in aseparate writing.
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  • O.C.G.A. 44-7-50 (2010)
    44-7-50. Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice


    (a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of the owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits.

    (b) If issued by a public housing authority, the demand for possession required by subsection (a) of this Code section may be provided concurrently with the federally required notice of lease termination in a separate writing.

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