Cal. Civ. Code § 44-7-52
When tender of payment by tenant serves as complete defense.
Operative Text
(a) Except as provided in subsection (c) of this Code section, in an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summons pursuant to Code Section 44-7-51, all rents allegedly owed plus the cost of the dispossessory warrant. Such a tender shall be a complete defense to the action; provided, however, that a landlord is required to accept such a tender from any individual tenant after the issuance of a dispossessory summons only once in any 12 month period. (b) If the court finds that the tenant is entitled to prevail on the defense provided in subsection (a) of this Code section and the landlord refused the tender as provided under subsection (a) of this Code section, the court shall issue an order requiring the tenant to pay to the landlord all rents which are owed by the tenant and the costs of the dispossessory warrant within three days of said order. Upon failure of the tenant to pay such sum, a writ of possession shall issue. Such payment shall not count as a tender pursuant to subsection (a) of this Code section. (c) For a tenant who is not a tenant under a residential rental agreement as defined in Code Section 44-7-30, tender and acceptance of less than all rents allegedly owed plus the cost of the dispossessory warrant shall not be a bar nor a defense to an action brought under Code Section 44-7-50 but shall, upon proof of same, be considered by the trial court when awarding damages.
Under O.C.G.A. § 44-7-52, when a landlord files a dispossessory (eviction) action for nonpayment of rent, a tenant generally has a seven-day window after being served with the summons to pay all rent claimed to be owed plus the cost of the dispossessory warrant. If the tenant makes that full payment in time, it serves as a complete defense to the eviction action — but a landlord is only required to accept this defense once within any rolling 12-month period. A separate rule applies to tenants who are not covered by a residential rental agreement as defined in § 44-7-30, for whom a partial payment does not block the eviction but may be considered by the court when calculating damages.
Plain English — not legal advice.
Under O.C.G.A. § 44-7-52, compliant operators are generally aware that once a dispossessory summons is issued, a tenant may tender the full amount of rent owed plus warrant costs within seven days, and accepting that tender resolves the action. Landlords are only obligated to accept this tender-as-defense once per tenant in any 12-month period, so operators typically keep records of prior tender events to determine whether a subsequent tender triggers that obligation. If a landlord refuses a valid tender and the court finds the tenant entitled to the defense, the court will order the tenant to pay within three days — but that court-ordered payment does not reset or count as a new tender under subsection (a).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-52 gives residential tenants served with a dispossessory summons for nonpayment of rent a seven-day period in which they may pay all rent claimed due plus the cost of the dispossessory warrant, and that payment can serve as a complete defense to the eviction. This protection is available once per 12-month period, so tenants who have already used it in the past year may not be entitled to have a second tender accepted as a defense. Tenants who believe a landlord wrongfully refused a timely and complete tender may raise that refusal before the court, and consulting a tenant-rights organization familiar with Georgia landlord-tenant law can help clarify how § 44-7-52 applies to a given situation.
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.
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