Georgia Landlord-Tenant Law: 2024 Overview of Rights

Famous for its Southern hospitality, Georgia presents unique rental opportunities for landlords and tenants alike. But before you make the big move to the Peach State, you’ll have to understand Georgia landlord-tenant law thoroughly.

These rules govern the rental relationship, ensuring all parties’ fair treatment under state regulations. Here, TurboTenant will explore the particulars of Georgia tenant rights, fair housing regulations, rent control, and much more. Read on to learn what you need to know about Georgia’s rental housing laws.

Key Findings: Landlord-Tenant Rights & Responsibilities

Both landlords and tenants in Georgia possess certain rights and responsibilities that ensure the rental agreement operates smoothly. We’ve summed up some of those key points here.

Georgia landlords have the right to:

• Charge an application fee to prospective tenants

• • Charge a security deposit to cover unpaid rent or damages
  • Charge rent and late fees for unpaid rent

• Enter the dwelling unit

• Evict tenants if necessary

Georgia landlords are responsible for:

• • Making all mandatory disclosures

• Adhering to health and safety standards

• • Maintaining property in a safe, habitable condition
  • Returning security deposit and a statement of deductions to tenants

• Abiding by the lease terms

Georgia tenants have the right to:

• Safe, habitable housing

• • Receive their security deposit and a statement of deductions after moving out
  • Request repairs and withhold rent for repairs

• Receive mandatory disclosures

• A formal eviction process before removal from the property

Georgia tenants are responsible for:

• • Paying rent in full and on time
  • Maintaining the dwelling unit aside from normal wear and tear
  • Notifying the landlord before not renewing the lease

• Providing the landlord with access to the dwelling unit

• Abiding by the terms of the lease

Best Practices for Screening Prospective Tenants

Landlords should thoroughly screen prospective tenants to avoid future rent or safety issues. Georgia landlord-tenant law allows landlords to charge a rental application fee in any amount to cover the costs of screening.

Landlords may check a tenant’s criminal and/or credit history, but under the Federal Fair Credit Reporting Act (15 USC § 1681), landlords must notify tenants if their credit score leads to housing denial. Furthermore, screening practices must apply equally to all potential tenants per the Fair Housing Act, which we’ll detail further below.

For a detailed tenant screening you can trust, try TurboTenant’s Tenant Screening features.

Compliance with Fair Housing Laws in Georgia

Federal and state fair housing laws in Georgia require landlords to provide housing equally to all renters, regardless of factors like race, disability, gender, and more. These laws allow tenants to seek housing without fear of discrimination.

What actions are considered housing discrimination?

Practices like harassment, refusing to rent, and charging higher rent to members of a protected class all violate fair housing laws. Fair housing laws also cover advertising and tenant screening; for example, landlords must consider all applicants’ criminal histories equally if a criminal check is part of the screening process.

How can discrimination be avoided in rental practices?

To avoid discrimination, landlords must consistently apply rules to all tenants and applicants, from the rental advertising process to the tenancy itself. Landlords may also need to make reasonable accommodations to allow individuals with disabilities to rent the dwelling unit.

Additionally, property owners must thoroughly train any staff members in fair housing practices. Landlords are liable for any violations committed by employees.

What are the repercussions for fair housing violations?

Under Georgia tenant rights, fair housing violations could lead to legal and financial penalties. Landlords may be subject to civil lawsuits and could pay federal fines between $16,000 and $65,000, as well as punitive damages to tenants (Fair Housing and Equal Opportunity Booklet, pg. 13).

If a tenant accuses you of violating fair housing laws, you must document all evidence to the contrary and seek civil legal resources for further guidance in your specific case.

Georgia Lease Agreements

Georgia does not require landlords and tenants to enter into written rental contracts; lease agreements may be oral (Georgia Landlord-Tenant Handbook, pg. 6). However, a legally binding, written lease agreement will clarify the lease terms and prevent future disputes between the involved parties.

Remember that your lease may operate on a month-to-month or fixed-term basis. Month-to-month contracts expire and renew at the end of each month until termination, while fixed-term leases expire on a specific date, typically a year from the lease’s signing date.

Which lease terms are legally required in Georgia?

Georgia landlord-tenant law in 2024 requires landlords to include the name and address of the property owner and/or any of the landlord’s agents within the lease (GA Code § 44-7-3).

What constitutes legal renting in Georgia?

To rent out a property legally in Georgia, landlords must adhere to all local building, zoning, and health ordinances. No state laws regulate rental unit occupancy in Georgia; however, landlords must not include any illegal terms in the lease, such as removing the landlord’s responsibility to make property repairs (Georgia Landlord-Tenant Handbook, pg. 6).

What tenant documentation is required?

Landlords typically ask rental applicants to provide a valid ID, proof of income and employment history, and consent for a background check. Landlords and tenants should make and maintain copies of all rental agreements and transactions in case of future disputes.

What are the mandatory landlord disclosures in Georgia?

Landlords must provide a move-in/move-out inspection form detailing the property’s condition before collecting the security deposit (Ga. Code § 44-7-33).

Also, landlords must disclose the known presence of lead-based paint in dwelling units built before 1978. (42 U.S. Code § 4852d) Finally, landlords must inform tenants if the property has been subject to flooding at least three times within the past five years (Ga. Code § 44-7-20).

Georgia tenant rights in 2024 do not specify the consequences for failing to make these disclosures. Generally speaking, tenants may sue for damages and terminate the lease early. Landlords may also be subject to fines depending on their locality.

Security Deposits in Georgia

Security deposits offer landlords protection from unpaid rent and damages that exceed normal wear and tear. Landlords should always charge a security deposit when a tenant moves into a dwelling unit.

What are the guidelines for security deposit collection?

A new Georgia landlord-tenant law stipulates that a security deposit may not exceed two months’ rent (Ga. Code § 44-7-30.1).

Georgia tenant rights also require landlords to place security deposits in a separate escrow account and notify tenants of the location (Ga. Code § 44-7-31).

When can deductions be made from security deposits?

Landlords may use security deposit funds to cover the cost of damages that exceed normal wear and tear and any damages resulting from unpaid rent.

If landlords deduct any funds from the security deposit, tenants must receive a written, itemized statement explaining these costs (Ga. Code § 44-7-34).

How should security deposits be returned?

The tenant must receive any unused portions of the security deposit and an itemized statement of deductions within 30 days of moving out (Ga. Code § 44-7-34). Landlords should also communicate charges against the deposit as they occur to prevent future disagreements.

Landlord Maintenace Responsibilities

Georgia landlord-tenant law requires landlords to maintain a safe, habitable dwelling unit by following all housing and safety ordinances. Thus, landlords are responsible for making any necessary repairs to keep the unit in good condition.

What are the legal standards for property conditions?

Landlords in Georgia must maintain the property’s structure to keep the unit and access safe for tenants (Ga. Code § 44-7-13).

Georgia’s landlord-tenant law also establishes a minimum warranty of habitability, and landlords must keep the electric, heating, and plumbing systems in good working order (Georgia Landlord-Tenant Handbook, pg. 10).

What is the proper protocol for repairs?

Tenants may request repairs from landlords, but Georgia tenant rights do not provide a specific time frame in which landlords must complete repairs.

According to page 10 of the Georgia Landlord-Tenant Handbook, tenants may exercise the right to repair-and-deduct, in which the tenant contracts a licensed professional to complete the repair and withholds the cost from the next rent payment.

Do landlords need to give tenants advance notice before accessing a rental property?

Georgia does not require landlords to notify tenants before accessing a rental unit. However, most landlords give notice between 24 and 48 hours in advance. Landlords should specify these terms in the lease agreement to avoid breaching the tenant’s right to privacy.

Late Rent Fee Regulations

Georgia does not provide a grace period for late rent. Tenants must pay rent in full on the date agreed upon in the lease. As soon as the rent becomes overdue, landlords may charge a late rent fee of any amount they deem necessary.

Rent Control in Georgia

As of 2024, rent control does not exist in Georgia. However, landlords may only increase rent at the end of a lease term.

Lease Renewal and Termination

Landlords in Georgia do not have to allow tenants to renew expiring leases. If the landlord does not want to renew the lease, they must notify the tenant at least 60 days before the lease expires.

In turn, tenants must notify the landlord of their intent not to renew 30 days before the lease expires (Ga. Code § 44-7-7).

Tenants in Georgia may break a lease in certain cases, such as active-duty military service (Ga. Code § 44-7-22), if the unit is unsafe for habitation, or if the landlord is harassing them.

Landlords may terminate a lease early if they plan to sell the property or intend to inhabit the unit.

Eviction Procedures for Georgia Landlords

The eviction process varies from state to state, so landlords and tenants in Georgia must fully understand local laws on the subject. This understanding will help all parties know their legal standings regarding tenant removal.

What justifications exist for eviction?

Landlords may evict tenants for non-payment of rent, violating the lease terms, or conducting illegal activity on the property. To strengthen their case, landlords should thoroughly document all evidence of the behavior that led to the eviction.

What is the eviction process?

To evict a tenant, landlords must take the following steps:

• Issue a 3-day notice to vacate or pay (unpaid rent/utilities), a notice to cure or quit (lease violations), or an unconditional notice to quit (severe violations and illegal activity) (Ga. Code § 44-7-50)
• File an eviction lawsuit with the court
• The court serves the tenant with a summons (Ga. Code § 44-7-51(a))
• Tenant files an answer within 7 days (Ga. Code § 44-7-51(b))
• Landlord and tenant attend hearing, receive judgment
• If the court issues a writ of possession to the landlord, the tenant must move out or appeal within 7 days (Ga. Code § 44-7-55(a))
• After 7 days, the sheriff may remove the tenant (Ga. Code § 44-7-55 (e))

How is property reclaimed after eviction?

Georgia laws allow landlords to secure the property against the tenant’s return after the tenant departs. If a tenant abandons personal property, the landlord may dispose of it as they see fit (Ga. Code § 44-7-55 (c)).

Local Ordinances for Landlords and Tenants

While Georgia landlord-tenant laws govern all rental situations in the state, landlords and tenants should also be up to date on any county or city laws regarding rental properties. Visit Municode to find regulations specific to your area.

Federal Landlord-Tenant Laws

In addition to state and local ordinances, federal laws such as the Fair Housing Act and the Americans with Disabilities Act also apply to rentals in Georgia.

For more information, visit sites like the Consumer Financial Protection Bureau, the Office of Housing and Urban Development, and the Federal Housing Finance Agency.

Managing Tenant Legal Disputes as a Georgia Landlord

Landlords should always try to resolve tenant disputes as amicably as possible, but in some instances, legal assistance is required to guarantee both parties’ fair treatment. These resources can help:

• GeorgiaLegalAid: Provides basic legal resources and a Georgia tenant rights hotline
• Georgia Legal Services Program: Nonprofit offering free legal services to low-income Georgians
• Atlanta Legal Aid Society: Gives pro-bono civil legal aid to low-income individuals across the Atlanta area

Navigate Your Landlord-Tenant Relationship with TurboTenant

Landlords can also rely on TurboTenant’s free property management software to navigate Georgia landlord-tenant law and tenant rights. With TurboTenant, you can:

• Fill vacancies quickly using our property advertising feature
• Rent with confidence with our thorough tenant screening reports
• Create an airtight contract with our legally reviewed lease agreements
• Simplify rent payments with our rent collection software

Sign up for a free TurboTenant account today to take the stress out of property management.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Georgia Landlord-Tenant Laws FAQs