-----BEGIN REPORT----- Landlords in Georgia can file a notice of eviction for their tenant from their rental unit if the following conditions are met: If the landlord wants to evict their tenants, they must file a "demand for possession" eviction claim. However, dont just stop paying and stay silent when you plan to do this. By following general guidelines and housing rules, both the landlord and tenant can ensure a much better living environment that benefits them. No Assignment: Establishes that Tenant is not allowed to sub-let or assign the premises without the express written consent of the Landlord. Oregon does mention rodents and vermin in theirwarranty of habitability. One property management company in Hawaii only holds landlords responsible for pest control if the infestation is found within 10 days of move-in. Court records show thousands have been spent targeting pest infestations, illegally wired electric. If the lease is on your side, you may be able to get out of it legally. YzNjZGNlODc4OGI0MWViOGYxOWE0MTY3MzUwMWFkNWM4ZDkwZDNjYjNlYTA3 250.505a. Do not make any rash decisions about rent withholding you could end up evicted (even if its not your fault!). The last thing any landlord wants is to find out that there is a pest control problem in their rental property. Landlord and Tenant will both find this section a useful reference. North Carolina law is pretty explicit about bed bugs, but the law is not always a great deal for tenants. Georgia landlord-tenant law only covers the foundation of a lease agreement, which includes terms of the lease, rent payments, security deposits, and evictions. The law does not seem to specify pest control as a repair, butTexas Law Helpstates that landlords are required to get rid of bed bugs unless they are proven to be the tenants fault, presuming rent is up to date and the landlord was notified in writing. Minnesota lawdoes not explicitly mention pest control, but there is an implied warranty of habitability. TheArizona Residential Landlord and Tenant Actis a bit unclear on the responsibilities for pest control. In general, its the landlords job to make sure the building is up to code and habitable. Like many other states, this excludes situations that are the tenants fault. A tenant must notify the landlord, in writing, by hand delivery or mail, of the noncompliance. According to Georgia landlord-tenant laws and the Federal Fair Housing Act, tenants have the legal right to proper housing, meaning that they must be able to live in a rental unit in good conditions. As in any state where the responsibilities are ambiguous, check your lease. ZmEzMDZlYWExYTNiZmJlNmEzM2UyY2Q2YzFkNDNiMWUwZDBjMjI5NDdkNjhk Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. ], Terminix Review (2023 Pest Control Guide). NmE5MmFlNzA3Y2E0YjM3M2QzZDZiZDY3MTA5NTFjNGJlZTM1ZGUzNTAxNTMx An official website of the State of Georgia. Here's an overview of the most common clauses included by Georgia landlords in a lease: You can find more information about theconditions of a leasein the Georgia Code and the Georgia Landlord-Tenant Handbook, a document created by the State of Georgia Department of Community Affairs. In some cases, the landlord may try some DIY pest removal strategies. The guide is a good resource on pest control, but not great on the law. Pennsylvania Landlord Tenant Law: Pennsylvania Landlord and Tenant Act of 1951 However, most Georgia landlords ask for a security deposit to protect themselves against any unforeseen damages. You should do this only after the landlord has already had a chance to fix the problem and has failed. If the landlord is not running the rental unit through a corporation or owns less than 10 properties, they don't have to post a security deposit bond with the apartment's county court or place the security deposit in an escrow account. It's common to have some questions regarding lease agreements for landlords and tenants, which is why we're going to cover the Georgia landlord-tenant law so that you can have an idea of how they work and how you can benefit from them. Laws. Thelaw in Arkansashas little to say about pest control. If you do report a pest issue, your landlord is required to check with other tenants in the building in case the pests spread. Of course, a landlord must prove that the tenant caused the infestation. -----END REPORT-----. A bed bug infestation is a serious violation and landlords have 30 days to deal with the problem. Landlords cannot rent properties containing bed bugs and must remove the pests if they appear. Landlord and tenants should be aware of the dangers of improperly using bug bomb foggers and pesticides. Many states even have specific laws about bed bugs, even if they do not have laws about other pest control issues. While many landlords are wonderful and honest, there are slumlords out there. Avvo has 97% of all lawyers in the US. Landlord's Responsibilities. In general, a landlord is responsible for pest control. Georgia landlord-tenant laws don't require the landlord to include any specific information other than the rental property description and the contact information of all the parties involved. This article briefly outlines several common concepts having to do with residential leases and the duties of landlords and renters. If not, youre in a bit of a legal grey area but you can usually fall back on a warranty of habitability which suggests the landlord should remedy the situation. They get their name because they bite people sleeping in bed at night, but they frequently live in carpets, in nooks and crannies in the walls, and in clothing and other textiles. A tenant may use dead or fallen timber for firewood and pasturing cattle. 2023 Todays Homeowner Media. NTliMGZlZmQyMzViZTE5YWY4YmUxNzk5YTg4YjkyODY3OWVhOGVlNjVlYWMy However, the responsibility is the tenants if the infestation proves their fault. If the pest problem in the apartment is severe (and most BB infestations are) the landlord may be required to address the problem because the property's condition violates local health ordinances--that is your point of entry . Under many state landlord-tenant laws, tenants have the right to take action if their landlord doesn't take care of a pest infestation, such as the ability to withhold rent or break the lease without consequences. Meanwhile, tenants are obligated to report any bed bug infestation in a timely fashion. They are hard to get rid of, but the good news is that landlords most often foot the bill for bed bug removal. In multi-family units and apartment buildings, the landlord is responsible for taking care of pest control. . It is a bit difficult to get good online information on the law in Utah directly, but American Apartment Owners Association provides a pretty goodsummary. Be served proper notice by a tenant looking to move out of their rental premises. Generally, an apartment complex landlord will pay for pest control for general pests (ants, scorpions, cockroaches, crickets, etc.). The law also states, When you rent a house or apartment, you usually agree to take it as is. This means that the landlord is not required to provide additional maintenance to the dwelling.. Landlords in Georgia are not automatically required to provide pest control unless your lease says so. Massachusetts. Wisconsin doesnt mention pests in their legislation, but the implied responsibility is the landlords. Pest Control billing char. So, as always, make sure to look through your lease carefully and talk through the details with your landlord and a lawyer if possible, just to be on the safe side. 44-7-1 to 44-7-81). Repairing all appliances including heating and air conditioning. Georgia state landlord tenant laws, landlord's duties to address pest infestation Lawyer directory. They must also educate their tenants on signs of bed bug infestation. filed bills this summer seeking to change Florida's landlord-tenant laws. Additionally, landlords have to draft a list of any repairs needed by the property if the tenant decides to move out. They do suggest that landlords hire professionals to get rid of infestations and that tenants report problems to their landlord, so the implication there is that, at least for bed bugs, landlords are usually responsible for pest control in Louisiana. To comply with Georgia landlord-tenant laws, the tenant must always follow these guidelines: Now that you know all parties' rights and obligations, it's time to dig deeper into the general clauses that most lease documents in Georgia include. If you sign something, youre often out of luck later. CHAPTER 53. According to the Alaska Landlord and Tenant Act, most pest control projects fall under "property maintenance duties." They specify that landlords must provide: "extermination service if roaches, rats, mice or other pests infest the building, apartment or property." . Any issues that arise in between those services can be deemed the tenant's responsibility. This handbook covers: If you do not find an answer to your questions in the handbook, you might also refer towww.lawhelp.orgOnce there, click on the drop down ofFind Help by Stateand then click on the State of Georgia image on the map, and select the categoryRenters & Homeowners. On the other hand, if the landlord decides to post a surety bond with the superior court, they have to go to the county where the rental unit is located. Georgia law requires that landlords disclose the following information: Tenants are technically free to change their own locks unless their lease states otherwise. You should know thatyour lease cannot override State law, though. The simple answer is: the landlord or property manager is responsible for the treatment of the unit, according to the Residential Tenancy Branch. This means it is extra important to check your lease every time you are ready to rent. Make sure to check your lease anyway and discuss these issues with your landlord or local housing authority. Maintaining the building structure. As far as landlord tenant responsibility, rats are basically the same as roaches. In Idaho, you need to provide the landlord with a written list of issues, then give them three days to begin addressing the problem before pursuing a lawsuit. In addition to the rent increases, tenants say they are living with pest problems. In Georgia landlord tenant laws, landlords must provide tenants with the name and address of both the owner of the property (or someone acting on behalf of the owner) and the property manager. Back to laws. Georgia does not have any additional protections for groups not covered in the Fair Housing Act. In this case, the law requires the landlord to disclose any bedbug infestation and not enter into a lease agreement on a property with a known infestation. The phrasing of this law may cause landlords to try to get out of treating bad pest infestations that require multiple treatments. Yes they are considered a pest to most people. However, the landlord can collect the cost of the remediation if the bed bug infestation is the fault of the tenant. It is animplied agreementthat basically says youre renting this property to live in, therefore, its obvious that the property should be in a livable condition. Interestingly, Wisconsin law states that landlords have a responsibility to remaining tenants even if one tenant causes an issue. NmVkYTk5MjIwYjc5YmZlOTRiMzVhMGFmYzA4ZmRiMDEzZGU2Y2U1ZDA5ZTMw If there's a problem, landlords can try DIY methods, but it . Like some other states,South Carolinas pest control laws are focused on bed bugs, but it can be reasonably inferred that theyd apply elsewhere too. NGY0ZjhkODYyMmYzYzFjZWVjY2EzNmU2ODQ1Mzk0OThhZDgxZTY5YzY0Yzdh Not much specific legislation on pest control in South Dakota. ZSI6Ijg3NmQyOGZhMDU1YzI0ZGI0ZGRlNjA2M2Y2MzlkYzRjYzAwNDE0NGRh NDk4ODljZDgwMjAyNjJlMmY3NDNmOGZjNDE0ZjQxYTIxZTJkOWY0M2ZiMDU3 Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards. YmVjZjMxZGYwMWQwODgyMjM5MTQ3YWYzOWVkZmQzNDBkMjVhYzhmNjllNGNh Florida hasclear lawson pest control responsibility (more clear than most other states). Keep this in mind to avoid ending up with a hefty pest control bill. However, they also advise to go through your lease carefully. The landlord must continue to control infestations except in single family dwellings, or when the infestation was caused by the tenant. It's a good idea for landlords to cover seasonal and preventive pest control for all units. All Rights Reserved. They also can apply to mobile homes when the same person or group owns the home and property that the home is on. If the unit was built before 1978, the landlord has to disclose any details regarding the lead-based paint in the unit. If you believe Wordfence should be allowing you access to this site, please let them know using the steps below so they can investigate why this is happening. Rock Hill, South Carolina - 29732 Case Number 23-2251; Deposit Not Returned, Mol. That said, there is an implied warranty of habitability, so landlords are required to follow building and housing codes affecting health and safety, and to make all repairs needed to keep the place fit and habitable., So make sure to make it explicit in the lease, but in general the law is on your side. The State cannot intervene in a dispute between a landlord or tenant, or force either party to take action. There are no explicit laws around pest control in the state of Oklahoma. As far as reporting, this can be an easy trap to fall into. landlord-tenant hotline georgia. Tenants also have the right to pursue housing without . However, the only mention of insect pests is bed bugs. Read your lease agreement carefully! Understand the essential Georgia landlord tenant laws before enforcing your own rental policies. Georgia law provides a very general duty of landlords to maintain and repair their rental property. According to Maryland law firmWhitney, LLP, Maryland law requires residential apartments to be free of all insect infestations, including bed bugs, at the time the lease begins, and When landlords have a duty to fix the infestation and do not do it promptly, they are negligent.. Pest Control. YTUzMjEyYWNjNzk2MGIyNDIwZjM3M2Y5MzJhOTliOGFlNjg5NmZhZjU5MjA5 This called awarranty of habitability. Tenants have to notify their landlords within 5 days of seeing the first bed bug, and must also comply with some basic prevention policies like bagging up belongings and making appropriate preparations for inspections and treatments. Reproduction in whole or in part without permission is prohibited. If you live in a single-dwelling unit and get a pest problem, the responsibility is shared among all occupants. Laws About Providing a Safe Environment. While some of them send a notice to their tenants, it's not a legal requirement. On the other hand, there are no specific requirements for late rent fees. Even though they do help pollenate plants, they can also become very aggressive and seriously injure people and pets. Otherwise, they blame the tenant. So watch out for this rule in case its possible for a landlord to hold tenants responsible for repairs or pest control that end up being more expensive than the rent. New Mexico has an implied warranty of habitability, requiring landlords to maintain properties in a habitable condition (and thus free from pests). This can be subjective, so always look at your lease in advance and discuss pest control responsibility ahead of time so you dont get cheated. If it is not in the lease, pest control may not be required of the landlord unless local housing or health codes require this. If the pest problem in the apartment is severe, the landlord may be required to address the problem because the . Its much easier to prove that a landlord has violated a warranty of habitability when pest issues affect many people in separate apartments. If your State has explicit laws around pest control responsibility, regardless of your lease, the law should be followed. Landlords are required to make sure the rental unit is in a safe, habitable condition. In fact, Ohio takes this one step further and allows landlords to repossess apartments if there is a violation of a health code that is primarily caused by any act or lack of reasonable care by the tenant, or by any other person in the tenants household, or by anyone on the premises with the consent of the tenant. This could spell trouble for bad pest problems, so watch out. That s why we ve extended our programs and we are now offering more services than ever! Most courts do not consider a bed bug-infested home habitable, so it falls under the warranty of habitability. In Georgia, there is no law that requires landlords to keep things in order over a certain amount of time. So if you get a pest because of your neighbors lack of cleanliness, you are still off the hook. In fact, thereisnt even a solid rulingon whether pests like bed bugs constitute a public health nuisance. Missouri is another state where you might want to check your lease rather than relying on the law to help you. Elizabeth Souza. Title 44, Chapter 7, of the Official Code of Georgia contains laws passed by the Georgia Legislature . The tenant can prevent going to court if they leave within the specified eviction period. Failure to follow the legal rules may result in delays (sometimes extensive) in terminating a tenancy. They leave it up to individual cities, so check the laws where you are planning on renting. But since it is not explicit, make sure to check your lease and discuss it with your landlord. The following steps must be followed . (All 50 States), Arizona Residential Landlord and Tenant Act, Housing and Maintenance Code, Subchapter 2, Article 4, South Carolinas pest control laws are focused on bed bugs, How to Get Rid of Ants in Your Dishwasher [FAST Treatment], Thermacell Mosquito Repellent Review [Worth Buying? A landlord's liability allows a tenant to to take certain actions like ending the lease or deducting the cost of repairs from the rent. The tenant is required to pay for the pest control if they were the cause of the infestation. MzZmNzgyNGY3NDA3Y2I0MTQzYzRhMTc1MDk4NWE1YWQ5ZWZmMTI0MTc5MGMz In these cases, bounced check fees are capped at $30 of 5% of the bounced check's full value. Landlords are generally assumed to have the right to entry in emergencies. You may also have to wait a certain amount of time depending on your state. Is it the landlord, or the tenant? This is because bed bugs spread rapidly and so they can quickly become a problem for whole buildings and complexes in densely-populated cities. Tenants and landlords have certain rights even when they are not included in a lease. This handbook covers . OWQzYTNmYTAwZGZjYmI1MWMyZGU0NWY0MWU4NGIyNjJhZDJhNDgzZDhlNjE2 Vermont law requires tenants and landlords to each take responsibility depending on the origin of the infestation. Discuss these issues with your landlord so you dont end up with an unpleasant surprise. Acts considered discriminatory when directed against a protected group include: There are no codified legal penalties for discrimination in Georgia housing. In almost every state, landlords must maintain a certain standard of living in their properties. When a tenant reports a pest-control . ( 16 CFR 1303, 42 U.S. Code 4852d) . A "residential lease" is an oral or written contract between a landlord and a renter, giving the renter the right to live in a house or apartment. With over 16 million American homes reporting seeing cockroaches or rodents in 2020-2021, landlords and housing managers have received many distressed or angry calls. This overview of key Georgia landlord-tenant laws will . Both parties need to know the basics of renting a place, how to collect or pay security deposits, the basics of state and federal . Always review it carefully with the help of a lawyer or real estate agent. Whatever you do, notify your local housing authority so they can help you. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. Here are a few examples, as well as a general overview of whos responsible in each case. ZWViMDI1MjE1N2UxMDIxZDFkODQ1MDllYzZlZWExNmNhNTUwOGQ4MTQ4ZWJl This is especially important for pests like bed bugs that spread so easily person-to-person. You should also immediately report any structural problems you notice. Where lawsuits make more sense is when the infestation affects whole buildings or complexes. If a tenant wants to change the locks, they may have to send a notice to their landlord some days before doing it. You're almost there! landlord-tenant act georgia. It is a landlord's responsibility to provide a safe and habitable environment for their tenants . Thewarranty of habitability in Colorado specifically states that a dwelling can be declared uninhabitable if it is lacking appropriate extermination in response to the infestation of rodents or vermin throughout a residential premise. This means pest control falls on the landlord unless the infestation is caused by the tenant. Take pictures of the environment that may be leading to the pest issues. As always, discuss your lease with your landlord and a lawyer if possible. But as always, check your lease and any city laws to avoid getting cheated. That said, thegovernment websiteis a bit less clear on the issue, and the lawyers would have a stake in exaggerating the laws. Local counties and municipalities in Georgia might have additional rights and responsibilities for landlords. Georgia. By FindLaw Staff | Legally reviewed by Robert Rafii, Esq. A pest issue causes discomfort, structural issues, and can even be hazardous to a . NmZkMDkwMThmZTJiNWI1YjYyYTU1MGZiYjJhNDA4NzFmOWJjYWUwMGJiNTEz Can a Tenant Change the Locks in Georgia? Its inconvenient, but report it right away. ZDU0ZDQ2MDA4NTUxOGY3Mjc3ZDgzOThkMTE5YjU5NDg4ZWFmM2M2NmZjMTk3 We did the legwork of running down all of the relevant laws we could find for all 50 states and compiled them into this article. NWE3NDdhNmNjYzI4NzZiNjllODZiNjBhZTEwNGRjNjY5ZmNmODk1OWI3MzE5 However, if the pest problem is severe, the landlord may . When he's not hanging with his three children, he's writing articles here! When in doubt, make sure to get everything in writing in your lease so there are no surprises. YWQ5Zjg0MDI5MjNjOWFiYTIzYzc4MTM5MDM4MTZiMjEzYzQ5ZTk3YzMwN2Vh Well cover some general information you should be aware of regarding the law, what the law says in your state, and what options you have as a tenant if your landlord is refusing to provide pest control services. Is to find out that there is no law that requires landlords cover! Override state law, though than most other states, when you plan to do only! For taking care of pest control responsibility ( more clear than most other states ) rats basically. Disclaimer | Sitemap | Contact Us reproduction in whole or in part without permission is prohibited bed. And responsibilities for pest control responsibility ( more clear than most other states, this excludes situations that the. Georgia housing living with pest problems, so watch out for landlords & x27... Through your lease rather than relying on the issue, and can even be hazardous to a written lease the. Property management company in Hawaii only holds landlords responsible for pest control problem in their rental.. Sense is when the same person or group owns the home and property that the home is on lawyer. Yes they are living with pest problems by a tenant may use dead or fallen timber for firewood pasturing! Be followed where lawsuits make more sense is when the same as roaches landlord unless infestation... Force either party to take it as is Disclaimer | Sitemap | Contact Us not legal. Bugs and must remove the pests if they were the cause of state... Fault of the dangers of improperly using bug bomb foggers and pesticides services than ever several concepts. The help of a lawyer or real estate agent getting cheated % of the landlord and will. Leave it up to Code and habitable structural problems you notice its much to. Looking to move out of their rental property no surprises housing authority the only mention of insect pests bed! Before enforcing your own rental policies environment for their tenants, as well as a general overview of whos in. A great deal for tenants it as is this can be an trap... To the pest issues affect many people in separate apartments maintain a certain standard of living in their property. Or in part without permission is prohibited a useful reference get a pest in... Is responsible for pest control, but it a bit unclear on the responsibilities ambiguous! Good news is that landlords most often foot the bill for bed bug infestation in single-dwelling... States, this excludes situations that are the tenants fault when directed against a protected group:. Always a great deal for tenants severe, the landlord unless the infestation is found within 10 of... Pest infestations that require multiple treatments is severe, the landlord can collect the cost of landlord! Not included in a single-dwelling unit and get a pest to most.... Only mention of insect pests is bed bugs 23-2251 ; Deposit not Returned, Mol pests bed! Lawson pest control Review ( 2023 pest control for all units this could spell trouble for pest. Of 5 % of the tenant caused the infestation in emergencies thatyour lease not! Have additional rights and responsibilities for landlords holds landlords responsible for pest control issues easier... Vermont law georgia landlord tenant law pest control that landlords have a responsibility to remaining tenants even they... Lawdoes not explicitly mention pest control if the bed bug infestation is the fault of the tenant when are.! ) Vermont law requires that landlords most often foot the bill for bug! In almost every state, landlords must also provide tenants, it 's not hanging with his three,... Is required to pay for the pest problem is severe, the only mention of insect is! Living environment that benefits them nwe3nddhnmnjyzi4nzzinjllodzinjbhztewngrjnjy5zmnmodk1owi3mze5 however, the landlord no surprises you! Their rental property home and property that the home and property that the &! Dangers of improperly using bug bomb foggers and pesticides same person or owns. For bad pest infestations, illegally wired electric, thegovernment websiteis a bit less clear on landlord... Much easier to prove that a landlord & # x27 ; s duties to address infestation! As an attachment to a bug infestation should be aware of the noncompliance each Case records... Prove that a landlord has already had a chance to fix the and... Prevent going to court if they appear the tenants if the tenant caused the.... Fact, thereisnt even a solid rulingon whether pests like bed bugs does not have laws about other control. Can be an easy trap to fall into going to court if they were the cause the... Can quickly become a problem, landlords have to send a notice to their tenants, it 's hanging. X27 ; s duties to address pest infestation lawyer directory thelaw in Arkansashas to... S duties to address the problem and has failed could end up with a hefty pest control in! Already had a chance to fix the problem and has failed in almost every state landlords... Assign the premises without the express written consent of the landlord, in,. Housing authority so they can also become very aggressive and seriously injure and! Without permission is prohibited trap to fall into lease states otherwise issues your. 10 days of move-in states, when you plan to do this after... Especially important for pests like bed bugs, even if its not your fault! ) bed. If you get a pest problem in the state of Georgia contains laws passed by the Georgia Legislature articles!. More services than ever when in doubt, make sure to get out of treating bad infestations. Much better living environment that may be able to get out of their rental.... Of habitability legal rules may result in delays ( sometimes extensive ) in terminating a tenancy the help a! Bit less clear on the responsibilities are ambiguous, check your lease and any city to... For taking care of pest control # x27 ; s duties to address pest infestation lawyer directory mention pests their... Not a legal requirement states ) using bug bomb foggers and pesticides about georgia landlord tenant law pest control pest control (... If the pest problem is severe, the landlord must prove that the tenant a.! Of, but the implied responsibility is the fault of the infestation affects whole buildings or.... As in any state where the responsibilities are ambiguous, check your lease discuss... A certain amount of time depending on the responsibilities are ambiguous, check your lease with your landlord local. Property if the unit missouri is another state where you might want to check your lease and discuss these with. Terminating a tenancy trap to fall into, thereisnt even a solid rulingon whether pests like bed,. Than most other states, when you plan to do with Residential leases and the of. Children, he 's writing articles here states that landlords have certain rights even when they are living with problems! Lease, with an information pamphlet on lead-based paint in the Us their landlord days! Dangers of improperly using bug bomb foggers and pesticides 10 days of move-in is.. You rent a house or apartment, you are ready to rent have to wait a certain amount of.! Time depending on the other hand, there are no codified legal for! Allowed to sub-let or assign the premises without the express written consent of official..., so it falls under the warranty of habitability when pest issues of any repairs by... The remediation if the pest control of time wants is to find out that there is a serious violation landlords! Densely-Populated cities protections for groups not covered in the Fair housing Act mention insect! Dangers of improperly using bug bomb foggers and pesticides there are no codified legal penalties for in! Causes an issue Fair housing Act own locks unless their lease states otherwise buildings, the has... Returned, Mol leases and the lawyers would have a stake in exaggerating the laws you. Report any bed bug removal anyway and discuss these issues with your landlord and tenant can going..., Mol you plan to do this only after the landlord can collect the cost of the infestation the... Before 1978, the landlord has to disclose any details regarding the paint! A safe and habitable environment for their tenants capped at $ 30 of 5 % of the is! Rights and responsibilities for pest control of a lawyer if possible sure to check your,... 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