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.Note: These rights cannot be waived regardless of what the rental agreement says.
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. Read more
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. Read more
Georgia landlords can start the eviction process for the following reasons:
Landlords are not allowed to evict for discriminatory or retaliatory reasons.
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.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
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:
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.
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.
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:
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.
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.
The following laws apply to the collection of rent and related fees:
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.
Georgia law requires that landlords disclose the following information:
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.
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.
No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months’ rent.
In all cases when a tenant fails to pay the rent, late fees, utilities, or other charges owed to the landlord when it becomes due, if the tenant refuses to pay the amount due or fails to deliver possession when so demanded after being provided with a notice to vacate or pay all past due rent, late fees, utilities, and other charges owed to the landlord within three business days, the owner or the agent, attorney at law, or attorney in fact of 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. Such affidavit may likewise be made before a notary public.
Can a Tenant Change the Locks in Georgia? Georgia tenants can change locks without permission if the lease doesn’t say otherwise. If the landlord doesn't agree to the lock change, tenants must restore the original locks by the end of the rental agreement if they don't want to potentially be charged for property damage. Read more » What Are a Tenant’s Rights in Georgia? Georgia tenants have the right to seek housing without discrimination, and the right to rent habitable property. Unlike many states, they also have the right to contract for repairs and deduct from the rent without a maximum deductible limit. Read more » Is Georgia a “Landlord Friendly” State? Georgia is a very landlord-friendly state because it doesn't have strict regulations for things like habitability requirements or security deposit maximums. In Georgia, most of a renter's rights come from the specific terms of the rental agreement. Read more » Can a Landlord Enter Without Permission in Georgia? Georgia landlords usually can't enter without permission except as previously agreed in the lease. Georgia law requires that the landlord get permission for any entry where the terms haven't been set by the rental agreement. This means the landlord needs permission even for emergency entries, unless agreed otherwise. Read more »
