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Case Citations [1] (Spring 2024)

handle is hein.ali/resdplltnt0043 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations PROPERTY 2D LANDLORD AND TENANT PART I. CREATION OF THE LANDLORD-TENANT RELATIONSHIP CHAPTER 1. NATURE AND DURATION OF LANDLORD-TENANT RELATIONSHIP § 1.2 Requirement That Right to Possession Be Transferred Ga.2023. Cit. in sup., com. (a) quot. in sup., illus. 1 cit. in ftn., Rptr's Note cit. in sup. Renters who lived in an extended-stay motel for months or years sued owner of the motel after they fell behind on rent and were threatened with immediate eviction, claiming that they could not be evicted without dispossessory proceedings because they were in a landlord-tenant relationship with owner. The trial court granted plaintiffs' motion for a permanent injunction prohibiting defendant from evicting plaintiffs without dispossessory proceedings. The court of appeals affirmed. This court reversed and remanded for the trial court to determine whether a landlord-tenant relationship existed between the parties. Citing Restatement Second of Property, Landlord & Tenant Law § 1.2, the court explained that an intent to transfer of possession was the hallmark of a landlord-tenant relationship and that determining whether such a relationship existed required an examination of the parties' written agreements and the circumstances. Efficiency Lodge, Inc. v. Neason, 889 S.E.2d 789, 796, 802. COPYRIGHT (2024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.