| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Georgia?
Georgia landlords don’t have a law specifying their entry rights and responsibilities, so the rental agreement controls in most situations. If the rental agreement is silent on entry, the landlord has a right to enter with the tenant’s permission at reasonable times for required inspections and repairs.
Can a Landlord Enter Without Permission in Georgia?
Georgia landlords have no right to enter without the renter’s permission, except as reserved in the rental agreement.
Can a Landlord Enter Without the Tenant Present in Georgia?
Georgia landlords can legally enter a rental property without the tenant present.
Can a Landlord Show a House While Occupied in Georgia?
Georgia landlords have no specific right to show an occupied house given by law, making this a privilege to be reserved in the rental agreement.
How Often Can Landlords Conduct Routine Inspections in Georgia?
Georgia landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Georgia?
Georgia landlords have no specific notice requirements under Georgia law. As long as the renter gives permission for the entry, it’s legal.
Can a Landlord Enter Without Notice in Georgia?
Georgia landlords can enter without advance notice, as long as the renter gives permission for the entry.
How Can Landlords Notify Tenants of an Intention To Enter in Georgia?
Landlords in Georgia can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Georgia?
Georgia tenants can refuse a landlord’s entry for any reason except what the lease provides. Refusal of the landlord’s entry will limit his liability for a failure to repair, but even so, the landlord will still have to get a court order to enter if the tenant refuses permission.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Georgia?
Georgia landlords might do any of the following if the tenant illegally refuses entry:
- Get a court order to force access.
- Begin the eviction process for noncompliance with the rental agreement.
- Recover cost of any actual damages.
Can a Tenant Change the Locks Without Permission in Georgia?
Georgia tenants can change locks without permission if the lease doesn’t say otherwise. At the end of the rental agreement, the tenants must either restore the original locks or give the new keys to the landlord, since the landlord has the right to retake possession when the lease ends.
What Can a Tenant Do If the Landlord Enters Illegally in Georgia?
Georgia tenants can do any of the following if the landlord enters illegally:
- Get a court order to ban the landlord from entering.
- Recover cost of any actual damages.
- Break the lease and move out (only in severe cases where the landlord’s entry substantially deprives the tenant of the intended use of the premises).
Sources
- 1 Colquitt v. Rowland, 265 Ga. 905, 906 (1995)
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“The use of the tenements really belongs to the tenant during the lease; they are his property to use for the term for which they are rented; and the landlord has no right to enter upon them, except by permission of the tenant, during the term for which they are rented.”
Source Link - 2 Ga. Code Ann. § 44-7-13 (2022)
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“The landlord must keep the premises in repair.”
Source Link - 3 Ga. Code Ann. § 44-7-50(a) (2022)
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“…when lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not… such owner may… demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded… such owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public.”
Source Link - 4 Agard v. PRP Prop. Mgmt., LLC, 354 Ga. App. 710, 712 (Ga. Ct. App. 2020)
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“Put another way, [for constructive eviction] there must be proof of either an actual expulsion of the tenant, or some act of a grave and permanent character done by the landlord with the intention of depriving the tenant of the use of the demised premises. An act may be considered grave in character if it renders the premises untenantable or unfit for the use and benefit of the tenant in accomplishing one or more of the substantial purposes of the lease. A tenant must show that her use and enjoyment of the premises is not merely rendered uncomfortable.”
Source Link
