Under Georgia law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under GA Code Title 44 Chapter 7 such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights cannot be waived regardless of what the rental agreement says.
Landlord Responsibilities in Georgia
In Georgia, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Georgia’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | No | Only If Provided |
| Hot Water | No | Only If Provided |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | No | No |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Georgia
Landlords are required to make necessary repairs in a timely manner. In Georgia, repairs must be made within a “reasonable time” after getting notice from tenants. This notice doesn’t have to be written, unlike most states, but Georgia authorities still specifically recommend written notice only.
If repairs aren’t made in a timely manner, Georgia tenants can sue for costs, or a court order to force the landlord to make repairs. They can do repairs themselves and deduct from the rent.
Tenant Responsibilities in Georgia
Tenants also have responsibilities in Georgia. In Georgia, tenants must:
- Not cut or destroy growing trees.
- Not remove permanent fixtures.
- Not damage the property.
Evictions in Georgia
Georgia landlords can start the eviction process for the following reasons:
- Nonpayment of Rent: Georgia landlords can provide a Notice to Pay to a non-paying tenant. Georgia law doesn’t specify how much time tenants must be given in the notice.
- Violation of Lease Terms: Georgia landlords are not required to allow tenants to correct a lease violation, but they must provide tenants with a Notice to Quit. Georgia law doesn’t specify how much time tenants must be given in the notice.
- No Lease/End of Lease: Tenants who hold over or stay in the rental unit after the rental term has expired may be given a 60-Day Notice to Quit.
Landlords are not allowed to evict for discriminatory or retaliatory reasons.
Landlord Retaliation in Georgia
It’s illegal for Georgia landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Georgia
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None.
- Inventory Requirement: In order to collect a security deposit, landlords must provide the tenant with a comprehensive list of the existing damage to the rental unit (if there is any).
- Holding Requirement: Landlords must hold deposits in an escrow account or post a bond.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, late fees, pet fees, physical damage excluding normal wear and tear, costs due to abandonment or a breach of the lease, and cleaning costs.
- Time Limit for Return: 30 days.
- Max. Penalty for Late Return: Tenants can sue for three times the amount wrongfully withheld plus attorneys’ fees.
Lease Termination in Georgia
Landlords and tenants in Georgia have different notice requirements. Landlords must give 60 days’ notice to terminate any lease, except there is no statute that specifies the notice period when the tenant is on a week-to-week lease.
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No Statute |
| Month-to-Month | 60 Days |
| Quarter-to-Quarter | 60 Days |
| Year-to-Year | 60 Days |
Tenants, on the other hand, only need to provide 30 days’ notice regardless of the length of the lease term.
Early Termination: Tenants can legally terminate a lease early for the following reasons:
- Active military duty.
- Unit is uninhabitable.
- Landlord harassment.
- Domestic violence.
- Prior early termination lease clause.
Cost of Breaking a Lease in Georgia
If a Georgia tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are not legally required to make a reasonable effort to re-rent the unit.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Georgia
Georgia does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Georgia does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Landlords must give 60 days’ notice before increasing the rent.
Housing Discrimination in Georgia
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. These rules do not apply to all landlords, such as some owner-occupied homes or houses operated by religious organizations.
Georgia’s Fair Housing Act protects the same groups covered by the Federal Fair Housing Act. The state’s Commission on Equal Opportunity handles discrimination complaints.
Discriminatory Acts: Acts considered discriminatory when directed against a protected group include:
- Refusing to rent or sell housing on a bona fide offer.
- Falsely claiming a unit is unavailable.
- Offering differing lease terms or privileges.
- Threatening or intimidating tenants.
- Refusing to accept “reasonable” accommodations.
- “Steering” tenants into specific neighborhoods.
Additional Landlord Tenant Regulations in Georgia
In addition to having laws that address general issues like repairs and security deposits, most states, including Georgia, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Georgia
Georgia landlords have the right to enter rental property for purposes reasonably related to the rental agreement, like inspections and repairs. There are no strict regulations on a landlord’s access rights in Georgia, so landlords and tenants are free to set terms of access and notification in their individual rental agreements. If no terms specify the landlord’s right of access, the landlord can enter only for purposes related to the tenancy, with reasonable notice required outside of emergencies.
Rent Increases & Related Fees in Georgia
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, except it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Georgia
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $15,000. Georgia Small Claims Court is a division of Magistrate Court. The process takes approximately two to four months.
Mandatory Disclosures in Georgia
Georgia law requires that landlords disclose the following information:
- Lead-Based Paint: Houses built before 1978 must disclose concentrations of lead paint used.
- Authorized Authorities: Landlords must provide the names and addresses of any and all property owners or managers. If any of these people change, tenants must be notified in writing.
- Flooding Risk: Landlords must disclose if a house has flooded three or more times in the past five years.
- Security Deposit / Move-In Checklist: Landlords must provide tenants with a comprehensive list of existing damage to the rental unit if they collect a security deposit.
Changing the Locks in Georgia
Tenants are free to change their own locks unless their lease states otherwise. However, landlords cannot change locks without tenants’ consent, since this is considered a “self help” illegal eviction.
Georgia Landlord Tenant Resources
Many cities in Georgia have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations.
Georgia Landlord Tenant Handbook – This handbook written by the Department of Community Affairs provides general guidance for both tenants and landlords.
Georgia Legal Aid – This is a tenant-oriented legal aid for Georgia renters that are looking for legal solutions to landlord misbehavior.
The Georgia Fair Housing Act – This pamphlet breaks down the state’s rules on discrimination and what actions are considered discrimination.
