Landlord-Tenant Law Resources

Georgia

Please note: we are not attorneys. Information about Georgia landlord-tenant law was sourced from the Official Code of Georgia Annotated website providing a thorough table of contents of all state statutes. We have done our best to pull the landlord-tenant statutes but you should always do your own research and remember that laws change. To find a licensed attorney serving Georgia please go to the State Bar of Georgia to utilize their list of local and voluntary bars.

Working links to statutes are in bolded red. Working links to documents are in bolded purple.

GA Official Rules & Regulations

General Statutes:

Guides in PDF:

Security Deposits

  • Maximum: N/A

  • Permitted Uses: N/A

  • Deadline for Returning: 30 days standard. Landlord has three (3) days to provide a list of damages and amount of security deposit withheld to cover damages by Tenant. O.C.G.A §§ 44-7-33, O.C.G.A. § 44-7-34

  • Interest: Landlord may choose to place in an interest bearing account with our without notice to Tenant and is not obligated to pay any interest earned to Tenant. Georgia Landlord Tenant Handbook

  • Separate Bank Account: 

    • Landlord is required to place all security deposits in a separate escrow account with a banking institution regulated by federal financial law, and tenants must be notified of the escrow account location. O.C.G.A. § 44-7-31

    • Only applicable if more than 10 rental units are owned, unless managed by a third party. O.C.G.A. § 44-7-36

  • Non-Refundable Fees: Permitted so long as they are not part of the security deposit. O.C.G.A. § 44-7-30

  • Move-In Checklist/Move-Out Checklist/Itemized List of Damages and Charges: Required. Landlord has three (3) days to inspect, list, and value all damages. Tenant may inspect and verify within 5 days after move-out date. O.C.G.A. § 44-7-34  

  • Landlord's Failure to Comply: Landlord forfeits all rights to withhold from security deposit if (1) money was not originally deposited in an escrow account, or (2) Landlord fails to provide move-in/move-out inspection checklists to Tenant. If Landlord intentionally or wrongfully withholds a security deposit from Tenant then Landlord may be liable for three-times the amount withheld plus attorney's fees. O.C.G.A. § 44-7-35

Rent, Fees, & Tenant Rights

  • Rent Is Due: N/A

  • Rent Increase Notice: N/A

  • Rent Grace Period: N/A

  • Late Fees: N/A

  • Prepaid Rent: N/A

  • Limits on Rent Amount: No rental amount limits can be enforced for privately owned single family or multi-family rentals. O.C.G.A. § 44-7-19

  • Bounced Check Fees: Not to exceed either $30 or 5% of the check amount, whichever is higher, plus any fees charged to the check-holder's financial institution. O.C.G.A. § 13-6-15 

  • Reasonable Attempt by Landlord to Mitigate Damages, including to Re-rent: Landlord to make reasonable attempt to mitigate damages but no requirement to re-rent. O.C.G.A. § 44-7-34

  • Tenant Right to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): N/A

  • Tenant Right to Deduct Rent for Repairs Made: N/A

  • Abandonment of Personal Property by Tenant: Landlord may remove with a formal writ of possession via court order. O.C.G.A. § 44-7-55

  • Destruction of Dwelling: Destruction by fire or loss of possession by any casualty or disaster not caused by Landlord does not release Tenant from paying rent. O.C.G.A. § 44-7-15

  

  • Service Member Termination: 

    • Specific Rules: There are specific procedures Landlords must follow for service members, active duty or reserve, who are ordered to move or deploy for 90 days or longer. See O.C.G.A. § 44-7-22

    • Limited Liability: Service members have limited liability regarding amount due and damages not to exceed 30 days worth of rent. See specific details at O.C.G.A. § 44-7-37

Notices & Entry

  • Notices to Terminate Tenancy: 

    • Fixed Termination Date: N/A. Typically lease expires.

    • Tenancy At Will (no date): 30 days notice if Tenant giving notice; 60 days notice if Landlord giving notice. O.C.G.A. § 44-7-7 

    • Month-to-Month: 30 days notice of Tenant giving notice; 60 days notice if Landlord giving notice. O.C.G.A. § 44-7-7

    • Week-to-Week: N/A

    • Manufactured Home Space: No special clause

  • Move-Out Inspection Appointment Notice: N/A. Landlord conducts inspection within 3 days after move-out. 

  • For Nonpayment of Rent: Lease may terminate immediately for non-payment of rent. Landlord may file eviction notice immediately O.C.G.A. § 44-7-50. Tenant has seven (7) days to pay to stop eviction. O.C.G.A. § 44-7-52

 

  • For Lease Violation: N/A 

  • Entry Notice for Non-Emergency Maintenance and Repairs: Landlord must give prior notice. Standard operating procedure is 24 hours. Georgia Landlord Tenant Handbook

  • Entry During Extended Absence of Tenant: N/A

  • Notice of Pesticide Use: N/A

  • Utility Shut-offs by Landlord: Not permitted. If Landlord shuts off any Tenant utilities the act is punishable by a fine up to $500. O.C.G.A. § 44-7-14.1

  • Self-Help Evictions: Self help evictions, including changing the locks or threatening the tenant, are illegal under Georgia law. The tenant can take legal action against the landlord for damages suffered due to a wrongful self-help eviction. Georgia Landlord Tenant Handbook.

  • Abandonment of Personal Property: A writ of possession authorizes the executing officer to remove a tenant's personal property and place it on some portion of the landlord's property or on other property that the landlord designates and the officer approves. The landlord owes no duty to the tenant regarding it. After the writ is executed, the property is regarded as abandoned. O.C.G.A. § 44-7-55

 

  • Abandonment of Tenant-Owned Mobile Home on Rented Land: If the tenant moves out of and leaves the mobile home, the mobile home generally can be considered abandoned after being unattended on private property for a period of at least thirty days without anyone making a claim to it. See O.C.G.A. § 40-11-1. The best practice is for an owner who owns the land to file a dispossessory affidavit before treating the mobile home as abandoned

Duties, Disclosures & Protections

  • Duties of Landlord: 

    • Maintaining building structure and operational systems.

    • Maintaining and keeping the rental unit in repair, including appliances, heating and air conditioning units. O.C.G.A. § 44-7-13 

    • Meeting ordinances and minimum safety standards.

    • Tenant not to be charged for ordinary wear and tear.

    • Repairs to an occupied dwelling require advance written and dated notification by Landlord to Tenant. Georgia Landlord Tenant Handbook.

    • If Tenant was aware of a defect at the time of signing the lease, the tenant waives the right to require Landlord to make the repair(s).  Georgia Landlord Tenant Handbook.

    • Landlord not responsible for third-party damages to the rental unit due to the neglect of the Tenant or illegal use of the unit by Tenant.

    • Landlord is responsible for damages caused by defective construction or failure to keep rental unit in repair. O.C.G.A. § 44-7-14

    • Landlord must deliver premises to Tenant in compliance with housing codes and maintain those housing codes throughout Tenant's occupancy

    • Tenant must be provided the names and addresses of the property owner and authorized manager of the property. O.C.G.A. § 44-7-3

  • Duties of Tenant/Renter: 

    • Tenant not permitted to alter landscaping, cut or destroy trees, remove permanent fixtures, or cause destruction to property. Tenant may use or remove dead or fallen trees/branches. O.C.G.A. § 44-7-11

  • Domestic Violence: N/A

  • Flood Disclosure: Prior to signing a lease, the Landlord must disclose if any part of a rental unit has flooded three (3) times in the past five (5) years. O.C.G.A. § 44-7-20  

  • Mold Disclosure: N/A

  • Retaliation: N/A

  • Murders/Death: If asked, Landlord must disclose all known past history about the property/rental space with regard to deaths due to natural causes or from murder, suicide, felony, homicide, or accidental. O.C.G.A. § 44-1-16

Georgia Licensing, Courts, & Attorneys

  • Business License Requirement: No state statute. Check local jurisdictions for requirements.

Additional Links:

Georgia Administrative Office of the Courts

State Bar of Georgia

Georgia Attorney General

Links to Local and Voluntary Bars

Georgia Legal Aid

Low-Income Legal Aid

Additional Resources

Landlord-Tenant Matters 

REALTORS® Associations

Housing Authority Links

Other Links

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