Georgia

Georgia Landlord Tenant Key Rules

Official Georgia Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	2x monthly rent maximum Ga. Code § 44-7-30.1
Security Deposit Interest:	No statute
Separate Security Deposit Bank Account:	Yes. Security deposit must be placed in an escrow account only for that purpose and notification needs to be given to tenant. Ga. Code § 44-7-31
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	No specific statute. However, security deposit can be considered pet deposit depending on the terms specified in the rental agreement. Ga. Code § 44-7-30
Deadline for Returning Security Deposit:	30-days. If any deductions will be taken from the deposit, the landlord must provide written statement with reasons for retaining the amount. Ga. Code § 44-7-34
Permitted Uses of the Deposit:	Nonpayment of rent or late payment fees, nonpayment of utilities, pet fees, damages etc. Ga. Code § 44-7-34
Security Deposit can be Withheld:	Yes Ga. Code § 44-7-34
Require Written Description/Itemized List of Damages and Charges:	Yes Ga. Code § 44-7-34
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	Yes Ga. Code § 44-7-33
Failure to Comply:	Landlord could be liable to the tenant 3x the amount improperly withheld + attorney fees. Ga. Code § 44-7-35

Lease, Rent & Fees:

TOPIC	RULE
Rent is Due:	No statute. Usually between the 1st and 5th day.
Payment Methods:	No statute
Rent Increase Notice:	60-day notice required for any changes in the rental agreement. Ga. Code § 44-7-7
Late Fees:	No statute. Usually, they are detailed in the rental agreement.
Application Fees:	No statute
Prepaid Rent:	No statute
Returned Check Fees:	May be liable for 2x the amount of the check with a limit of $500 + court costs. Payee can charge $30 or 5% fee (whichever greater) to cover fees incurred by their financial institution. Ga. Code § 13-6-15(a)(b)
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	No statute. Nevertheless, it’s unlawful for the landlord to deprive the tenant of essential services per Ga. Code § 44-7-14.1
Tenant Allowed to Repair and Deduct Rent:	No statute
Self-Help Evictions:	Not allowed. Ga. Code § 44-7-14.1
Landlord Allowed to Recover Court and Attorney’s Fees:	No statute
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	No Georgia Landlord-Tenant Handbook Pg. 14 Section 3

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	60-day notice required from the landlord. 30 day notice required from the tenant. Ga. Code § 44-7-7
Notice to Terminate a Periodic Lease – Week-to-week:	No specific statute. 60-day notice required from the landlord. 30 day notice required from the tenant. Ga. Code § 44-7-7
Notice to Terminate a Periodic Lease – Month-to-Month:	No specific statute. 60-day notice required from the landlord. 30 day notice required from the tenant. Ga. Code § 44-7-7
Notice to Terminate Lease due to Sale of Property:	No specific statute. The landlord must adhere to the general requirements of lease termination per Ga. Code § 44-7-7.
Notice of date/time of Move-Out Inspection:	No statute
Notice of Termination for Nonpayment:	A landlord can go to court immediately if a tenant does not give possession upon termination of rental agreement. Ga. Code § 44-7-50
Notice for Lease Violation:	No statute
Required Notice before Entry:	No statute. Generally it is expected that a landlord give 24-hour notice and respect the tenant’s right to privacy.
Entry Allowed with Notice for Maintenance and Repairs:	No statute. Generally, it is expected that a landlord give 24-hour notice and respect the tenant’s right to privacy.
Emergency Entry Allowed without Notice:	No statute. Generally, in cases of emergency no prior notice is required.
Entry Allowed During Tenant’s Extended Absence:	No statute. Generally, in cases of abandonment entry is allowed.
Entry Allowed with Notice for Showing the Property:	No statute. Generally, it is allowed within regular hours like 8am-8pm
Notice to Tenants for Pesticide Use:	No statute. Certain local ordinances may have requirements.
Lockouts Allowed:	No. If found to be liable, person is subject to conviction and a fine up to $500.00 Ga. Code § 44-7-14.1
Utility Shut-offs Allowed:	No. If found to be liable, person is subject to conviction and a fine up to $500.00 Ga. Code § 44-7-14.1
Electronic Notices Allowed:	No statute

Disclosures

• Name and Addresses: Landlord must disclose the name and address of the person authorized to manage the premises. (O.C.G.A. § 44-7-3)
• Copy of the Lease: Tenant must be provided a copy of the rental agreement if it is in writing. (Best practice)
• Domestic Violence Situations: Tenants who are victims may request early termination or emergency lock changes with proper documentation. (O.C.G.A. § 44-7-23)

Duties

Landlord’s Duties

• Compliance: Must comply with housing codes that materially affect health and safety. (O.C.G.A. § 44-7-13)
• Repairs: Must make necessary repairs to keep premises in habitable condition. (O.C.G.A. § 44-7-13)
• Common Areas: Must keep all common areas clean and safe. (General practice)
• Maintenance: Ensure all supplied facilities are maintained. (O.C.G.A. § 44-7-13)
• Garbage: Not specifically addressed, but implied under habitability.

Tenant’s Duties

• Cleanliness: Maintain clean and safe premises. (O.C.G.A. § 44-7-14.1)
• Trash: Dispose of waste properly. (General obligation)
• Plumbing: Keep plumbing fixtures clean. (Implied under duty to use responsibly)
• Appliances: Use all appliances reasonably. (O.C.G.A. § 44-7-14.1)
• Damage: Must not damage premises. (O.C.G.A. § 44-7-14.1)
• Quiet Enjoyment: Must not disturb neighbors. (General principle)
• Subleasing: Not allowed without landlord’s consent. (O.C.G.A. § 44-7-6)
• Retaliation: Prohibited. (O.C.G.A. § 44-7-24)
• Lead Disclosure: Required under federal law.