Question 1
Under Georgia's dispossessory statute, after a court enters a judgment for possession in favor of the landlord, how many days does the tenant generally have to vacate before a writ of possession may be executed?
- A. 7 days ✓ Answer
- B. 30 days
- C. 24 hours
- D. The writ may be executed immediately with no waiting period
Explanation: Under O.C.G.A. § 44-7-55, after a judgment for the landlord is entered in a dispossessory proceeding, the court typically issues a writ of possession. The tenant is generally given 7 days from the date of judgment to vacate before the writ may be enforced by the marshal or sheriff, although the court has some discretion in the timing.
Question 2
A Georgia landlord rents a single-family home and includes a lease clause stating that the landlord is not responsible for any repairs or maintenance to the property, regardless of cause. Under the Georgia Residential Landlord and Tenant Act, this clause is:
- A. Void and unenforceable because the Act prohibits waiver of the landlord's statutory duty to maintain the premises ✓ Answer
- B. Fully enforceable because parties to a lease may contract for any terms they choose
- C. Enforceable only if the tenant initials the clause separately
- D. Enforceable only for single-family homes with fewer than four units
Explanation: Under O.C.G.A. § 44-7-2, any provision in a rental agreement that purports to waive or limit the landlord's duties imposed by the Georgia Residential Landlord and Tenant Act — including the duty to maintain the premises — is void as against public policy. The Act's protections cannot be contractually waived by the parties.
Question 3
Under GREC regulations, a licensed broker who operates a property management company must keep a separate trust account for property management funds. Which of the following actions would constitute commingling under Georgia law?
- A. Depositing the broker's earned management fees into the same account as the security deposits being held for owners ✓ Answer
- B. Depositing security deposits from multiple owners into one properly designated trust account
- C. Holding tenant rent payments in the trust account until the owner is paid
- D. Depositing a new tenant's first month's rent into the trust account pending disbursement
Explanation: GREC rules strictly prohibit commingling, which is defined as mixing a licensee's or broker's personal or business funds with client funds held in trust. Depositing earned management fees — funds that belong to the broker — into the same account holding owner security deposits is a classic example of commingling and constitutes a violation subject to disciplinary action.
Question 4
A Georgia residential landlord and tenant sign a written lease. Two months into the tenancy, the landlord verbally agrees to waive the no-pet clause and allow the tenant to keep a dog. The tenant later relies on this agreement. Under Georgia law, how is this verbal modification to a written lease generally treated?
- A. It may be enforceable if the landlord's conduct demonstrates clear acceptance of the modification ✓ Answer
- B. It is automatically void because all modifications to a written lease must be in writing under the Statute of Frauds
- C. It is binding only if the tenant pays an additional pet deposit
- D. It is enforceable only if witnessed by a licensed real estate agent
Explanation: While Georgia's Statute of Frauds requires leases exceeding one year to be in writing, verbal modifications to existing written leases can be enforceable under Georgia contract principles if the parties' conduct demonstrates mutual agreement and acceptance. Courts may apply waiver or estoppel doctrines where the landlord's actions show clear acquiescence to the modified terms.
Question 5
A Georgia property manager licensed as a salesperson collects monthly rents totaling $18,000 for several residential properties. Under GREC rules, in whose name must the trust account holding these funds be maintained?
- A. The supervising broker's name or the brokerage firm's name ✓ Answer
- B. The salesperson property manager's personal name
- C. A joint account in the names of both the salesperson and the owner
- D. The property owner's individual name
Explanation: GREC rules require that all trust accounts holding client funds be maintained in the name of the broker or the licensed brokerage firm. A salesperson licensee has no authority to maintain a trust account independently; all client funds must flow through an account controlled by the supervising broker.
Question 6
Under Georgia law, a residential landlord who seeks to raise rent on a month-to-month tenant must provide how many days of advance written notice before the increase takes effect?
- A. 30 days
- B. 60 days ✓ Answer
- C. 7 days
- D. No notice is required for month-to-month tenancies
Explanation: Under Georgia law, a month-to-month tenancy is generally treated as a tenancy at will. O.C.G.A. § 44-7-7 requires a landlord to give 60 days' notice to terminate a tenancy at will, while the tenant must give 30 days' notice. A rent increase is treated as a change that effectively ends the existing tenancy terms and offers continuation on new terms, so the landlord should provide 60 days' advance notice before the higher rent takes effect.