316 Ga. 551
Ga.2023Background
- Efficiency Lodge is an extended-stay motel; three occupants (Neason, Preston, Weaver) lived in rooms for months or years and used the rooms as their homes.
- Each signed rental agreements that labeled the relationship “Innkeeper and Guest” (not Landlord and Tenant); termination-date fields were left blank and weekly rent terms appeared.
- Plaintiffs furnished, decorated, received mail at, and otherwise treated the rooms as dwellings; Preston’s children used the address for school.
- During the COVID-19 pandemic the occupants fell behind on rent; Lodge threatened eviction, sent a letter suggesting long-term occupants might be "tenants at will," and locked out Weaver.
- Plaintiffs sued seeking declaratory/injunctive relief (to block eviction absent dispossessory proceedings) and damages; trial court granted a permanent injunction; Court of Appeals affirmed.
- Supreme Court vacated and remanded, directing the trial court to decide whether a landlord-tenant relationship existed under the statutory and common-law framework set out in the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether long-term occupants at an extended-stay motel are tenants entitled to dispossessory proceedings | Plaintiffs: long-term, home-like possession + owner consent created a landlord-tenant relationship so eviction requires dispossessory process | Lodge: written agreements label occupants as "Innkeeper and Guest," so innkeeper lockout remedy applies and no dispossessory proceeding required | Court: vacated prior rulings and remanded for trial court to apply correct legal framework to determine whether a grant of possession occurred; outcome depends on whether right of possession was granted and accepted |
| Whether the written label “Innkeeper and Guest” alone precludes finding a landlord-tenant relationship | Plaintiffs: labels cannot defeat the substance of the agreement and the parties’ conduct showing a transfer of possession | Lodge: the explicit contractual label shows parties intended an innkeeper-guest relationship | Court: labels are not dispositive; substance controls—trial court must weigh the agreement and parties’ conduct to determine intent/consent to possession |
| Whether an innkeeper lockout remedy is available absent landlord-tenant status | Plaintiffs: lockout is inapplicable because occupants were tenants; statutory dispossessory protections apply | Lodge: even if occupants were long-term, the written terms and innkeeper statutes permit lockout if statutory prerequisites are met | Court: availability of the lockout remedy is a separate inquiry; if no landlord-tenant relationship exists, trial court may then assess whether statutory lockout conditions are satisfied |
| Standard of review / who decides the relationship question | Plaintiffs: status is a factual question for factfinder | Lodge: (implicitly) rely on trial court and appellate review of facts and contract | Court: existence of landlord-tenant relationship is a mixed question of law and fact; trial court should apply the legal standard to the found facts on remand |
Key Cases Cited
- Bonner v. Welborn, 7 Ga. 296 (Ga. 1849) (treating innkeeper-guest and landlord-tenant relationships as mutually exclusive)
- Garner v. La Marr, 88 Ga. App. 364 (Ga. App. 1953) (court’s prior discussion of guest vs. tenant distinctions)
- Potts-Thompson Liquor Co. v. Potts, 135 Ga. 451 (Ga. 1910) (party intent controls creation of landlord-tenant relationship)
- Camp v. Delta Air Lines, Inc., 232 Ga. 37 (Ga. 1974) (scrutinize agreement to determine interest conveyed)
- Clayton Cty. Bd. of Tax Assessors v. Aldeasa Atlanta Joint Venture, 304 Ga. 15 (Ga. 2018) (express grant of a term of possession creates landlord-tenant relationship)
- Langley v. MP Spring Lake, LLC, 307 Ga. 321 (Ga. 2019) (contract labeling and terms can demonstrate clear intent to create landlord-tenant relationship)
- Hawkins v. Tanner, 129 Ga. 497 (Ga. 1907) (landlord-tenant relation exists where occupancy is with owner’s consent)
- Wood v. McGuire, 15 Ga. 202 (Ga. 1854) (possession may be constituted by residence and exercise of ownership)