In Georgia, both landlords and tenants are subject to the state's rental laws. These laws cover everything from lease agreements to security deposits and evictions, and they help ensure landlord tenant relationships are regulated and fair. In this article, we'll review some of the most important landlord-tenant laws for property owners in Georgia.
Georgia's landlord tenant laws can be found in the Georgia state law code or the Georgia Landlord Tenant Handbook (provided by the Georgia Department of community affairs here). These laws are subject to change over time, and the summary provided below is not exhaustive. Therefore, be sure to research relevant laws yourself and seek legal advice regarding specific questions about landlord-tenant disputes.
Additionally, keep in mind that this summary only includes Georgia's state laws — but cities and localities often have their own regulations for landlord-tenant relationships. Breaking these laws (or state or federal ones) could result in lawsuits, fines, and other penalties.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.
NEW! 2025 Georgia Rental Laws
New Security Deposit Maximum (OCGA § 44-7-30.1). Landlords in Georgia are now prohibited from charging more than two month's rent for a security deposit.
Habitability Standards ("Safe at Home Act"). This law established a minimum "duty of habitability" which landlords are required to uphold to keep properties free from health and safety risks.
3-Day Eviction Notice Period for Nonpayment (HB 404). Georgia landlords could previously file for eviction immediately after a late payment. Under the new law, landlords must provide tenants who are behind on rent at least three days' notice after posting an eviction notice before filing the lawsuit.
Georgia Quick Facts
Georgia Required Disclosures
Lead-based paint Landlord/Agent ID Security deposit location Death on premises Flooding Move-in/move-out checklist
Georgia Rent and Fees
Application Fees: Permitted Rent Control: Banned Late Fee Limit: N/A Grace Period Minimum: N/A
Race Color National origin Religion Sex Familial status Disability
Georgia Landlord Entry
Notice: N/A Permitted Times of Entry: N/A
Georgia Eviction Notices
Rent Demand Notice: 3-day notice to pay or quit Lease Violation Notice: Unspecified written notice Unconditional Notice to Quit: Immediate Non-renewal Notice: 60 days
Other Georgia Laws
Military service members have special protections as tenants in Georgia.
Rights and Responsibilities of Georgia Landlords and Tenants
Georgia landlords and tenants each have rights and responsibilities. Although the lease agreement is the primary document that establishes these rights and responsibilities, lease terms are only enforceable if they are compliant with federal and state laws. For landlords, respecting your tenants' rights and fulfilling your obligations to maintaining your properties can lead to better tenant communication, retention, and overall satisfaction.
Below is a brief overview of the rights and responsibilities of both landlords and tenants in Georgia.
Georgia landlords have the right to:
Collect rent according to the terms established in the lease agreement.
Collect and hold a security deposit for the lease term. Per a new law in Georgia, the maximum a landlord can charge for a security deposit is two month’s rent.
Withhold funds from the deposit when a tenant has unpaid rent after the lease ends, damages the property beyond normal wear-and-tear, or has other unpaid fees.
Screen all tenants of a rental unit, including ones added later.
Enter the rental unit from time to time for inspections, showings, repairs, etc.
Start the eviction process if a tenant fails to pay rent, engages in illegal activity on the premises, or otherwise violates the lease agreement.
Establish and enforce all others lease agreement terms (e.g., pets, guests, parking, etc.), as long as they are compliant with Georgia landlord-tenant law.
Georgia landlords are responsible for:
Providing safe, habitable housing. Habitable housing includes structural integrity, plumbing, electricity, HVAC system, fixtures and wiring, water, trash, etc. Note that Georgia passed new minimum habitability standards in 2024 under the "Safe at Home Act." If a landlord or property owner in Georgia fails to address habitability concerns, they can be held liable in court.
Complying with all health, safety, and building codes. Georgia's Building and Housing Code can be found here.
Addressing maintenance and repair requestswithin a reasonable timeframe. Usually this means within 24-48 hours for emergencies or critical repairs and 30 days for non-critical repairs.
Adhering to fair housing laws. This means complying with the federal Fair Housing Act (FHA) and Georgia's fair housing laws, especially when screening prospective tenants.
Providing reasonable notice in advance of entering the rental unit. Although there are no laws in Georgia that dictate when a landlord can enter a unit or how far in advance they must notify the tenant, a general rule is to give at least 24 hours' notice.
Maintaining common areas. Common areas include hallways, laundry rooms, gyms, sidewalks, parking lots, and other shared spaces.
Paying the property taxes and insurance premiums for the property. These costs are often passed on to tenants through the rent pricing, but landlords are responsible for making the payments and maintaining appropriate coverage.
Following the proper legal procedures for evictions. Landlords cannot evict tenants without a court order and must follow the Georgia Eviction Process.
Safe, habitable housing. Tenants have a right to housing with working utilities and appliances and that is free from pests, weather damage, and environmental hazards.
Legal justice in cases of landlord negligence, harassment, or discrimination. Tenants can sue landlords for violating the lease or breaking the law.
Prompt maintenance and repairs. Emergencies and critical repairs should be made within 24-48 hours.
Privacy and security in their home. This means working locks and no excessive entry by the landlord.
Advanced notice before rent increases, terminations, evictions, or entry. Georgia Landlords must send advanced notice before any of these events.
“Quiet enjoyment” of the property. All tenants are entitled to use the property without intrusion or excessive disturbances from the landlord or neighbors.
Protection from retaliatory evictions. Tenants cannot be evicted for exercising their legal rights, filing a complaint against the landlord for violations, or reporting unsafe conditions.
Repair and deduct remedies in some cases. In certain cases, Georgia tenants can arrange for necessary repairs if the landlord fails to make them and deduct the cost from rent. However, this process has strict rules that tenants must follow.
Georgia tenants are responsible for:
Paying rent on time. This includes all late fees and any utilities the tenant is responsible for.
Complying with all lease terms, so long as those terms comply with Georgia state law.
Keeping the unit in clean and safe condition. This involves maintaining general sanitation, disposing of trash, etc.
Reporting maintenance problems promptly, especially in case of urgent repairs needed.
Making some minor repairs, like replacing the batteries in smoke detectors or carbon monoxide detectors.
Paying for damage caused by their own or a guest’s negligence. Tenants are responsible for any damage a guest may cause to the property.
Providing advanced notice of non-renewal. If a tenant does not intend to renew their lease at the end of the lease term, they must inform their landlord with reasonable advanced notice.
Not using the rental unit for an unintended purpose. For instance, if the property is residential, tenants cannot use it to run a business.
Georgia Required Disclosures
Required disclosures are information which landlords are legally obligated to disclose to tenants before a lease agreement begins. They often include information about tenants' legal rights, hazards in the property, or policies the landlord enforces.
There are several required disclosures in Georgia. The following are a few of the most important state-wide disclosures to include in Georgia lease agreements, but be sure to check local and municipal laws as well.
Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Landlord/Agent Identification (OCGA § 44-7-3). The landlord, agent, or other person authorized to enter into a rental agreement on behalf of the landlord must disclose the names of the owner and/or their authorized agents to tenants. The landlord should also notify Georgia tenants in writing of any change in names or addresses within 30 days after the change.
Security Deposit Location (OCGA § 44-7-31). According to Georgia security deposit law, landlords must provide tenants with written notice of the location of the escrow account holding their security deposit. This may be done within the Georgia lease agreement.
Death on Premises (OCGA § 44-1-16). If a prospective tenant asks whether any deaths have occurred on the premises, the landlord must answer truthfully. If not asked, the landlord is not required to disclose this information.
Flooding (OCGA § 44-7-20). If a landlord’s property has flooded in the past or if flooding has caused any damage to the living space, the landlord must notify prospective tenants in writing. If the landlord does not disclose previous flooding, they are liable for any damage caused to the tenants’ personal property by flooding that occurs during the lease term.
Move-In/Move-Out Checklist (OCGA § 44-7-33). If a landlord owns more than ten rental units, they must provide tenants with a comprehensive list of existing damages to the premises before collecting a security deposit. The tenant also has the right to inspect the premises to verify that the list is accurate before signing it with the landlord. At the termination of the lease, the landlord or agent must inspect the premises and again compile a list of damages, which the landlord will then use to withhold part of the security deposit based on the estimated dollar value of damages not present on the move-in checklist.
Although Georgia does not have state-wide rent control, there are still laws that regulate how rent and fees should be collected. Here are a few of the most important rent laws to know in Georgia:
Rent Payments
Due Date: No statute in Georgia specifies when tenants must pay rent. Unless the lease agreement says otherwise, rent is generally due on the first of the month.
Rent Increases: Rent control laws are banned in Georgia. Laws that regulate the amount of rent to be charged for single-family or multiple-unit residential rental properties are strictly prohibited. This means landlords are free to increase rent as they see fit (OCGA § 44-7-19).
Grace Period: There is no required grace period in Georgia.
Fees
Application Fees: Rental application fees are not regulated in Georgia.
Late Fees: There are no statutory limits on late fees in Georgia.
NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge an NSF fee of $30 or 5% of the check amount, whichever is greater, plus the sum of any additional fees charged by a bank or financial institution as a result of the check’s not being honored (OCGA § 13-6-15).
Tenant Remedies
Repair and Deduct: If the landlord refuses to make a necessary repair within a reasonable amount of time, tenants may hire a qualified and licensed professional to make the repair and deduct the cost from future rent payments. Tenants must notify the landlord in writing of their plan to use repair-and-deduct before arranging for the repair and must also keep copies of all receipts and records. Tenants’ right to repair and deduct is not codified, but generally upheld by the courts and listed on page 10 of the Georgia Landlord-Tenant Handbook.
Georgia Security Deposit Laws
Security deposits are highly regulated in every state. State laws dictate how deposits must be collected, stored, and refunded. Below are Georgia's most important security deposit laws:
Deposit Location: If the landlord owns more than ten rental units, they must keep security deposits in a bank escrow account established only for that purpose (OCGA § 44-7-31). As an alternative to the escrow account, landlords may also post and maintain a surety bond with the clerk of the superior court in the county where the property is located (OCGA § 44-7-32).
Withholding Funds: Georgia landlords may withhold funds from the security deposit for repairs, unpaid rent or late fees, pet damages, abandonment of the premises, nonpayment of utility charges, repairs, or cleaning. Ordinary wear and tear is not grounds for withholding funds, provided there was no obvious negligence, carelessness, accidents, or abuse of the property by the tenant or tenant’s guests. If the landlord does withhold funds, they must provide a written statement itemizing the reasons for the retention, including a list of damages (OCGA § 44-7-34).
Georgia Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
Tenants have legal protection against unfair housing practices in every state. The Federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits unlawful discrimination in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:
Accepting or denying tenant applications
Choosing the methods they will use to screen tenants
Advertising units
Writing listings
Deciding to increase rent
Allocating rent credits or discounts
Providing maintenance and service to the property
Evicting tenants
etc.
What are the protected classes in Georgia?
The FHA specifically protects tenants from discrimination based on the following seven protected classes. This means that landlords cannot use a tenant’s membership in any of the classes below to justify housing decisions:
Race
Color
Religion
Gender
National origin
Familial status
Disability
In addition to the above federal protections, Georgia landlords are also responsible for complying with state-level fair housing laws. Currently, Georgia state law does not include protections for characteristics other than those provided for by the FHA, but Georgia does reaffirm these federal protections (OCGA § 8-3-202). For help assessing whether your tenant screening policies meet fair housing protocols, see fair housing act lawyers or an attorney who deals with landlord-tenant law.
Use of Credit Reports
Georgia landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Use of Criminal Histories
Criminal background checks may be used during tenant screening in Georgia. However, Georgia landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Georgia law does not specify rules for when landlords can enter an occupied unit. However, most landlords choose to respect their tenants' space and privacy by giving at least 24 hours' notice before entry in most non-emergency situations and by entering at reasonable hours.
Advanced Notice: No state law in Georgia requires landlords to give advance notice before entering a property.
Permitted Times: Georgia state law does not designate any time-of-day restrictions for entering.
Emergency Entry: There are no laws in Georgia regarding emergency entry without notice.
Georgia Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Georgia, consider hiring an experienced real estate attorney and be sure to review the Georgia eviction process in more detail. A strong landlord-tenant relationship can help prevent evictions and increase long-term tenant retention.
If you are going to pursue an eviction in Georgia, the first step of the eviction process is to send a formal written eviction notice. The notice period varies depending on the reason for the eviction. Below are a few of the different notices required in Georgia for different circumstances:
Rent Demand Notice: 3-day notice to pay or quit. A new 2024 law in Georgia requires landlords to provide tenants with at least 3 days' notice before filing for eviction due to nonpayment (OCGA § 44-7-50).
Notice for Lease Violation:Unspecified notice to cure or quit. Georgia law also does not specify how much time landlords should give tenants to fix a violation before filing for eviction. However, landlords should generally provide written notice and a reasonable period to cure the violation, as well as specifying the policy they follow in the lease agreement (OCGA § 44-7-50).
Unconditional Notice to Quit: Immediate. If a tenant breaks the law or commits a severe violation, the landlord can file for eviction immediately thereafter.
Non-renewal Notice: If the landlord wishes to terminate the tenancy once the term ends, they must give the tenant at least 60 days’ written notice (OCGA § 44-7-7).
Squatters are individuals who move into a property without permission from the owner. Evicting squatters in Georgia, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in Georgia, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.
Military service members in Georgia have special protections as tenants. For instance, they are afforded some rent relief, may postpone court proceedings, and may relocate and terminate the lease early without penalty to meet service requirements. See page 19 of the Georgia Landlord-Tenant Handbook for a description of these protections.
Conclusion
Georgia’s landlord-tenant laws outline key rights and obligations that help maintain a balanced rental relationship. Whether you’re a landlord managing a property or a tenant renting a home, understanding these laws can prevent conflicts and ensure compliance. Staying aware of legal protections and responsibilities is crucial for a hassle-free rental experience.
FAQs
What is the new maximum amount a landlord can charge for a security deposit in Georgia?
A new law in Georgia, passed in 2024, set the maximum security deposit a landlord can charge a tenant at two months' rent. This means landlords can charge no more than two times the monthly rent as a refundable deposit.
How long does a landlord have to return a tenant’s security deposit after they move out?
Landlords must return the security deposit within 30 days after the tenant vacates the property. If deductions are made, an itemized list of damages and expenses must accompany the returned deposit.
Can a landlord enter a rental property without the tenant’s permission in Georgia?
Georgia law does not specify notice requirements for landlords entering a rental property. However, it’s customary for landlords to provide reasonable notice (around 24 hours') to respect tenants’ privacy and maintain a good landlord-tenant relationship.
What are the legal grounds for eviction in Georgia?
Landlords can evict tenants for reasons such as non-payment of rent, lease violations, or holding over after the lease term expires. Proper legal procedures must be followed, starting with providing the tenant a notice to vacate.
Is there a limit to the amount a landlord can charge for late rent payments in Georgia?
Georgia law does not specify a maximum late fee amount. However, late fees must be reasonable and outlined in the lease agreement to be enforceable.
Who is responsible for repairs and maintenance in a rental property in Georgia?
Landlords are responsible for maintaining the property in a safe and habitable condition, including making necessary repairs. Tenants are responsible for damages they or their guests cause beyond normal wear and tear.
