Cal. Civ. Code § 44-7-1
Creation of landlord and tenant relationship; rights of tenant; construction of lease for less than five years.
Operative Text
(a) The relationship of landlord and tenant is created when the owner of real estate grants to another person, who accepts such grant, the right simply to possess and enjoy the use of such real estate either for a fixed time or at the will of the grantor. In such a case, no estate passes out of the landlord and the tenant has only a usufruct which may not be conveyed except by the landlord’s consent and which is not subject to levy and sale. (b) All renting or leasing of real estate for a period of time less than five years shall be held to convey only the right to possess and enjoy such real estate, to pass no estate out of the landlord, and to give only the usufruct unless the contrary is agreed upon by the parties to the contract and is so stated in the contract.
Under O.C.G.A. § 44-7-1, the landlord-tenant relationship is formed when a property owner grants another person the right to possess and use real estate, and that person accepts. When a lease or rental agreement covers a period of less than five years, the law treats the arrangement as conveying only a 'usufruct'—a right to use and enjoy the property—rather than transferring any ownership interest or estate in the land. This usufruct cannot be transferred to someone else without the landlord's consent, and it is not subject to levy or forced sale by creditors.
Plain English — not legal advice.
Under O.C.G.A. § 44-7-1, operators of residential or commercial rental properties with lease terms under five years retain full ownership interest in the real estate; only the right to possess and enjoy the property passes to the tenant. Compliant landlords generally document any agreed-upon departures from the default usufruct arrangement clearly within the written lease itself, since the statute requires such exceptions to be expressly stated in the contract. Landlords also typically obtain written consent before permitting a tenant to sublease or otherwise transfer their possessory interest, since the statute makes such transfers contingent on landlord approval.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-1 establishes that a tenant's rights under a lease of less than five years are limited to possession and enjoyment of the property—no ownership interest is conveyed. Because the usufruct cannot be transferred without the landlord's consent, tenants who wish to sublease or assign their interest generally need explicit landlord approval, and any agreed-upon exceptions should be reflected in the written lease. Tenants who believe their possessory rights under this provision are being interfered with may consider consulting a tenant-rights organization or a licensed attorney familiar with Georgia landlord-tenant law for general information about available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.