Georgia Landlord-Tenant Law

Understanding Georgia Landlord-Tenant Law

Georgia has specific laws governing landlord-tenant relationships, ensuring that both parties understand their rights and obligations. Whether you’re a landlord renting out property or a tenant looking for legal protection, knowing Georgia’s rental laws is crucial.

This article covers essential aspects of Georgia landlord-tenant law, including rental rights, security deposits, maintenance responsibilities, and eviction procedures.

Landlord-Tenant Rights & Responsibilities in Georgia

Tenant Rights in Georgia

Tenants in Georgia have the right to:

• A habitable living space that meets health and safety standards.

• Privacy, meaning landlords must provide proper notice before entering.

• File complaints about housing violations without retaliation from the landlord.

• Receive their security deposit back within the legal timeframe if eligible.

Landlord Responsibilities in Georgia

Landlords in Georgia are legally required to:

• Maintain safe and habitable conditions on the property.

• Provide proper notice (usually 24 hours) before entering a tenant’s unit.

• Return security deposits within 30 days of lease termination, deducting only for unpaid rent or damages.

• Follow Georgia’s legal eviction process instead of using illegal tactics like lockouts.

Understanding these rights and responsibilities ensures a smoother landlord-tenant relationship.

Compliance with Fair Housing Laws in Georgia

Landlords in Georgia must comply with federal and state fair housing laws. The Fair Housing Act (FHA) prohibits discrimination based on:

• Race, color, national origin

• Religion

• Sex (including gender identity and sexual orientation)

• Disability

• Familial status (e.g., having children)

Georgia Fair Housing Enforcement

If a landlord violates fair housing laws, tenants can file a complaint with:

• The Georgia Commission on Equal Opportunity (GCEO)

• The U.S. Department of Housing and Urban Development (HUD)

Failure to comply with fair housing laws can result in legal penalties, including fines and lawsuits.

Security Deposits in Georgia

Georgia law regulates security deposits, ensuring fair treatment of tenants.

Key Security Deposit Rules:

1. No state cap: Georgia does not limit how much landlords can charge for security deposits.

2. Deposit storage: If a landlord owns more than 10 rental units, they must place deposits in a separate escrow account.

3. Return timeline: Landlords must return security deposits within 30 days after the tenant moves out.

4. Deductions: Deductions can be made for unpaid rent, damages beyond normal wear and tear, and lease violations.

What Happens if a Landlord Violates Deposit Laws?

If a landlord wrongfully withholds a tenant’s security deposit, they may have to pay the tenant three times the deposit amount plus legal fees.

Maintenance Responsibilities of Landlords in Georgia

Georgia landlords must keep rental properties safe and livable. While Georgia law does not have strict habitability codes, landlords typically must:

• Ensure working plumbing, heating, and electricity.

• Provide a safe structure, including walls, floors, and roofing.

• Address pest infestations in multi-unit buildings.

• Repair major issues that affect health and safety.

Tenant’s Right to Repairs

Tenants should notify landlords in writing of any necessary repairs. If the landlord does not respond, tenants may have legal options, including:

• Withholding rent (in some cases).

• Ending the lease early due to unlivable conditions.

• Suing the landlord for failure to maintain the property.

Eviction Procedures for Georgia Landlords

Landlords in Georgia must follow legal eviction procedures to remove a tenant. Self-help evictions (changing locks, shutting off utilities) are illegal.

Legal Grounds for Eviction in Georgia

A landlord can evict a tenant for:

1. Nonpayment of rent (no grace period required).

2. Lease violations, such as unauthorized occupants or property damage.

3. Holdover tenancy (staying after the lease expires without renewal).

The Georgia Eviction Process:

1. Notice to Quit: No formal notice period is required, but landlords often give a 3-day notice.

2. Filing an Eviction Lawsuit (Dispossessory Warrant): If the tenant doesn’t leave, the landlord files an eviction case in court.

3. Court Hearing & Judgment: If the landlord wins, the tenant may be ordered to vacate.

4. Writ of Possession: If the tenant still refuses to leave, the sheriff enforces the eviction.

How Long Does an Eviction Take in Georgia?

A typical eviction in Georgia can take anywhere from 2 weeks to 1 month, depending on court schedules and tenant responses.

Final Thoughts

Understanding Georgia landlord-tenant law helps both landlords and tenants navigate their rights and responsibilities. Key takeaways include:

✅ Tenants have the right to habitable housing and security deposit protection.
✅ Landlords must follow fair housing laws and legal eviction procedures.
✅ Security deposits must be returned within 30 days, with clear deductions.
✅ Evictions must go through the legal court process—self-help evictions are illegal.

By staying informed and following Georgia’s rental laws, both landlords and tenants can avoid legal disputes and maintain positive rental relationships.