Landlord Guide to Renting in Georgia

Georgia permits both written and oral lease agreements. Leases for a term of one year or more must be in writing to be enforceable under the Statute of Frauds (O.C.G.A. § 13-5-30). Written leases should clearly set out rental amount, due dates, lease duration, deposit terms, and maintenance responsibilities.

• Leases of one year or longer must be in writing (O.C.G.A. § 13-5-30)
• Month-to-month tenancies are created when no fixed term is specified or after a lease expires without renewal
• Landlords should provide tenants with a copy of the signed lease
• Lease provisions that violate Georgia law or public policy may be voided by a court

Georgia does not impose a statutory maximum on security deposit amounts. However, landlords who own more than 10 rental units (or who use a property manager) must place the deposit in an escrow account and provide written notice of the account details (O.C.G.A. § 44-7-31). Landlords with 10 or fewer units are exempt from the escrow requirement but must still comply with return timelines.

• No statutory cap on security deposit amounts
• Landlords with more than 10 units: must hold deposit in an escrow account (§ 44-7-31)
• Landlords with more than 10 units: must provide written notice of the escrow account location
• Landlords with 10 or fewer units: no escrow requirement, but must still return deposits properly

Georgia landlords must provide certain disclosures at or before the commencement of a tenancy. Both state and federal requirements apply.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Disclosure of the identity of the property owner, manager, and authorized agent (O.C.G.A. § 44-7-3)
• Written list of any existing damage to the premises prior to move-in (§ 44-7-33)
• Flooding history disclosure — landlords must disclose if the property has flooded three or more times in the past five years (§ 44-7-20)

Rent is due on the date stated in the lease agreement. Georgia does not require a mandatory grace period for late rent payments. Landlords may charge late fees if the lease includes such a provision, though fees must be reasonable and not constitute a penalty.

• No statutory grace period — rent is due on the date stated in the lease
• Late fees are permitted if specified in the lease and must be reasonable
• Georgia does not regulate the method of rent payment — landlords may specify accepted payment methods in the lease
• Returned check fees may be charged up to $30 or 5% of the check amount, whichever is greater (O.C.G.A. § 13-6-15)

Georgia imposes an implied warranty of habitability requiring landlords to maintain rental property in a condition fit for habitation. Under O.C.G.A. § 44-7-13, the landlord must keep the premises in good repair and comply with applicable building and housing codes. Tenants must notify the landlord of needed repairs in writing.

• Maintain the premises in good repair and habitable condition (§ 44-7-13)
• Comply with all applicable building, housing, and health codes
• Provide functioning plumbing, heating, electrical systems, and hot water
• Make repairs within a reasonable time after receiving written notice from the tenant

Georgia does not have a specific statute governing landlord entry or requiring a minimum notice period. However, courts generally expect landlords to provide reasonable notice (typically 24 hours) and enter only at reasonable times for legitimate purposes. The lease should clearly define entry notice requirements.

• No specific statutory notice period — 24 hours is the commonly accepted standard
• Entry should occur at reasonable times for lawful purposes
• Permitted purposes include repairs, inspections, and showing the unit
• No notice is necessary in genuine emergencies

Georgia has no state rent control laws. Landlords may raise rent by any amount at the end of a lease term. For month-to-month tenancies, landlords must provide at least 60 days' written notice before a rent increase takes effect (O.C.G.A. § 44-7-7).

• No state rent control — landlords may set rent at market rates
• 60 days' written notice required for rent increases on month-to-month tenancies (§ 44-7-7)
• Rent increases cannot be retaliatory or discriminatory
• During a fixed-term lease, rent cannot be raised unless the lease permits it

Georgia notice requirements are governed by the lease type and the reason for termination. Fixed-term leases expire automatically at the end of the term.

• Month-to-month tenancy: 60 days' written notice by either party (O.C.G.A. § 44-7-7)
• Week-to-week tenancy: reasonable notice, generally at least 7 days
• Fixed-term lease: no notice required — terminates at lease expiration
• Nonpayment of rent or lease violation: landlord must demand possession before filing for eviction

Evictions in Georgia are handled through a dispossessory proceeding filed in the magistrate court of the county where the property is located (O.C.G.A. § 44-7-50 et seq.). The landlord must first demand that the tenant vacate before filing the court action.

• Demand possession from the tenant (oral or written demand)
• If the tenant refuses to vacate, file a dispossessory affidavit in magistrate court (§ 44-7-50)
• The tenant is served and has 7 days to answer the complaint
• If the court rules for the landlord, a writ of possession is issued to the sheriff or marshal

Under O.C.G.A. § 44-7-34, landlords must return the security deposit within 30 days after the tenant vacates. An itemized statement of any deductions must accompany any withheld amount. The tenant must provide a forwarding address in writing to receive the deposit.

• Return deadline: 30 days after the tenant vacates and provides a forwarding address (§ 44-7-34)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, breach of lease
• An itemized list of deductions must be provided with any withheld amount
• Failure to return the deposit or provide an itemized statement may result in the landlord owing three times the deposit amount plus attorney fees (§ 44-7-35)