Landlord Tenant Rights in Georgia [2025]

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Understanding landlord tenant rights in Georgia is essential for both renters and property owners. Whether you’re signing a lease, handling repairs, or ending a tenancy, Georgia law lays out clear rules to protect both sides.

This guide breaks down what landlords can legally do, what tenants are entitled to, and how to handle disputes or evictions without confusion.

What are Landlords’ and Tenants’ Rights in Georgia? 

What Rights Do Landlords Have in Georgia?

In Georgia, landlords have important rights to manage their rental units. These rights help them run their business smoothly while following the law. 

Let’s look at what landlords can do.

Ask for an Application Fee

Landlords can ask for a small, non-refundable application fee to cover the cost of screening a prospective tenant, which includes verifying credit history, running background checks, and identifying previous evictions. There’s no legal limit on this application fee amount, but landlords must ensure it’s reasonable for every applicant. 

Collect Security Deposit 

Landlords can charge a one-time refundable security deposit from tenants to cover expenses like unpaid rent, late charges, utility bills, and fixing damages that go beyond typical wear and tear. While Georgia has capped the security amount to 2 months’ rent, some local regions and municipalities have different ordinances! Atlanta, for example, prohibits landlords from collecting a deposit amount exceeding 1.5 months’ rent.

The security amount must be deposited in an escrow account, that’s a state or federally licensed depository. The property owner must also inform the tenant about where this deposit is kept.

Access to Property

In Georgia, landlords can access the rental apartment, whether it’s for an emergency or not. They must provide advance written notice to the tenant, stating the reason for entry and the date—unless it’s an emergency. In emergency situations, no notice is required. 

Terminate a Lease and Evict a Tenant

Landlords have the right to terminate a lease and initiate eviction for rent non-payment and lease term violations, as well as non-renewal of lease, per GA Code § 44-7-7. 

While a 3-day Notice to Quit is required for failure to pay rent, a 3-Day Notice to Comply or Vacate is a must for lease terms violations. For non-renewal of the lease, a 60-day notice from the landlord or a 30-day notice from the tenant is necessary to terminate a tenancy. 

Stop Leasing the Property 

It’s up to the landlord to decide whether they want to continue leasing the premises, typically by terminating the existing lease agreement with proper notice. If it’s a self-owned property, they may even live on the property themselves. 

Sell the Property

Landlords can sell a leased property as long as the tenant’s lease remains in effect. In other words, the new owner of the property must comply with the existing lease terms. 

Charge Early Termination Fees

In Georgia, tenants breaking a lease before the agreed-upon term ends are required to pay early termination fees to the landlord. These fees can include owed rent, expenses for re-renting the property, and other reasonable costs incurred due to the tenant’s early departure. 

However, the landlord must add an “Early Termination Clause” in the lease to prevent the tenant from breaking their lease without the above penalties. 

Charge Fees for Bounced Checks

GA Code § 13-6-15 allows landlords to impose a service charge of $30 or 5% of the check amount, whichever is greater, plus any fees the bank incurred due to the bounced check. The tenant must pay the fees within 10 days of receiving notice of the returned check. If they fail to do so, the landlord may file a civil suit to recover twice the amount of the check, not to exceed $500. 

What Rights Do Tenants Have in Georgia? 

Georgia tenants enjoy specific rights to keep renting fair and secure. These protections, ranging from no discrimination to a valid, written lease contract, help them live comfortably without worry. 

Let’s explore what tenants are entitled to from their landlords.

Privacy

Tenants have the right to privacy and peaceful enjoyment in their rented units. That said, the landlord must have a valid reason to enter the property, such as conducting urgent inspections or repairing something and providing reasonable notice. 

No Discrimination 

Georgia’s Fair Housing Act prohibits discrimination against tenants based on religion, national origin, sex, familial status, disability, age, race, or color. Certain housing, however, aren’t covered under the FHA. These include:

• Owner-occupied buildings with no more than 4 units
• Single-family houses sold or rented by the owner without the use of an agent
• Housing operated by religious organizations and private clubs that limit occupancy to members

Read more here. 

Safe Living Environment 

Safe housing is every renter’s right in the state of Georgia, regard­less of how much rent they pay. Landlords are obligated to keep their rental units in habitable condition, which means maintaining the building structure, keeping utilities in working order, and performing timely repair work to keep the property liveable. 

Repair and Deduct

If the landlord fails to address major repairs despite repeated oral and/or written notices, tenants can make the required repair (excluding common areas) at a reasonable cost and subtract the cost from future rent payments. 

No Retaliation

Tenants can freely exercise their rights granted by the lease and GA Code § 44-7-24, and landlords can’t retaliate against them for it. This includes filing a complaint for unsafe living conditions, reporting the landlord’s actions to relevant authorities, or joining a tenants’ union. 

What Are the Procedures for Lease Termination, Eviction, and Dispute Resolution in Georgia?

Legal Termination Procedure in Georgia

Ending a lease in Georgia follows clear legal steps to ensure fairness for both landlords and tenants. These rules protect everyone involved and avoid disputes. 

Here’s how the early termination process works in Georgia, starting from the notice requirements.

Notice Requirements 

• Month-to-Month Lease: 30-day notice
• Yearly Lease: 30-day notice
• Fixed-Term Lease: 30-day notice

Justified Reasons for Lease Termination

• Early Termination Clause 
• Active military duty 
• Privacy violations 
• Harassment
• Uninhabitable living conditions 
• Domestic violence 
• Lease violations 

Unjustified Reasons for Lease Termination 

• New house purchase
• Job transfer
• Divorce or separation from the partner
• Downsizing or upsizing
• Moving to be closer to a family member, close friend, or partner 

Notice Delivery

Notice can be delivered to the landlord in person or through registered or certified email with receipt. The landlord can also choose another means to receive the notice. 

Eviction process in Georgia

Step 1: Serve an Eviction Notice

A landlord begins the process by sending a written notice for issues like unpaid rent, lease violations, or serious misconduct. Depending on the case, this might be a 3-Day Notice to Pay or Quit, a Notice to Cure, or an Unconditional Notice to Quit. The notice must be delivered by mail, in person, or posted clearly on the property.

In serious cases, an Unconditional Notice to Quit may be issued, usually giving 3 to 5 days to vacate. 

This notice must be legally delivered either by mail (regular, registered, or certified), handed directly to the tenant or someone 16 years or older living there, or posted at a visible spot on the rental property, such as the front door.

Step 2: File an Eviction Lawsuit

If the tenant does not resolve the issue by the end of the notice period, the landlord can file an eviction lawsuit—called a dispossessory action—in the court that governs the property’s location. 

The landlord must fill out a Dispossessory Affidavit, which includes details such as the county, full names and addresses of both parties, the reason for eviction, any unpaid rent, the daily rental rate, and the landlord’s signature. This can be filed online or in person at the local magistrate court. 

A filing fee applies and varies by county. For example, Paulding County charges $78.

Step 3: Court Serves a Summons to the Tenant

After the landlord files the affidavit, the court issues a summons informing the tenant of the lawsuit. The county sheriff, deputy, or constable delivers this document along with a copy of the affidavit to the tenant. If the tenant is unavailable, the official may deliver it to another adult at the rental or post it on the front door and send a copy via regular mail. The service fee varies by county; in Augusta, it’s $25.

If the tenant isn’t available, the sheriff can give it to another person living at the rental or tape it to the front door and send a copy by regular mail, as allowed by OCGA § 44-7-51.

Step 4: Tenant Files an Answer

Once the tenant receives the summons, they have seven days to respond by either speaking to the court or submitting a written answer using the Dispossessory Answer form. If the seventh day is a weekend or legal holiday, the deadline shifts to the next business day. 

The tenant can explain why the eviction is unfair or file any claims against the landlord. If the reason is unpaid rent, the tenant can stop the eviction by paying the full amount due within those seven days— if they haven’t used this option in the last year. Failure to respond means the court will likely side with the landlord by default.

Step 5: Attend Court Hearing

When tenant files an answer, the court schedules a hearing and sends both parties a Dispossessory Trial Notification with the date and location. 

While waiting, the tenant may stay in the rental but must pay rent to the court at the time of filing the answer. If the case lasts beyond two weeks, the tenant must continue to pay rent and utilities to the court to remain in the property. 

At the hearing, both sides present their case, show evidence, and explain their position. 

The landlord should bring the lease, eviction notice with proof of delivery, the affidavit, and evidence of the lease violation. Any money the tenant has paid to the court will go to the landlord unless there’s a dispute, in which case a separate hearing may be required.

Step 6: Tenant Gets Seven Days to Move Out or Appeal

If the court rules in favour of the landlord, the tenant must vacate the property within seven days. 

The court will also issue a writ of possession, which gives the landlord the legal right to take back the property. The tenant may appeal the decision within this seven-day window if they choose to contest the ruling.

Step 7: Sheriff Enforces the Eviction

If the tenant does not move out within seven days, the landlord can request the sheriff to enforce the writ of possession. The sheriff, constable, or marshal will post the writ at the property and schedule the removal of the tenant. 

The landlord must ask for the writ to be carried out within 30 days of its issuance, or they must file for a new one. If the tenant leaves behind personal belongings, those items are legally considered abandoned, and the landlord is not obligated to store or protect them.

Dispute Resolution Options in Georgia

Disputes between landlords and tenants in Georgia can be solved without stress. There are many simple options to resolve issues smoothly in this state, such as: 

Open Communication

The first step is talking to each other. If a tenant is late on rent or a landlord hasn’t fixed something, a calm conversation can help. Both sides should explain their concerns and listen. For example, a tenant might ask for more time to pay rent, or a landlord might explain why repairs are delayed. Writing down what both groups agree on, like a payment plan, can avoid confusion later.

Reviewing the Lease Agreement

Reading the lease helps both sides know their rights and duties. The lease says who is responsible for what, like repairs or pets. If there’s a dispute, check the lease first. For example, if a tenant has a pet but the lease says “no pets,” the landlord can point to that rule. Or if the lease says the landlord must fix a leaky roof, the tenant can remind them. 

Mediation

If talking doesn’t work, mediation is a great option. In mediation, a neutral person helps the landlord and tenant agree. This person doesn’t take a side but guides the conversation. For example, if a tenant thinks a landlord took too much from their security deposit, the mediator helps them find a fair solution. 

In Georgia, some community centers offer free or low-cost mediation. It’s less stressful than court and keeps the relationship peaceful. Both sides must agree to try it, but it often saves time and money.

Small Claims Court

For bigger disputes, like unpaid rent or property damage, the Magistrate Court is an option. In Georgia, this court handles cases up to $15,000. You don’t need a lawyer, which keeps costs low. For example, a landlord might sue for unpaid rent, or a tenant might sue to get their deposit back. You’ll need proof, like photos or receipts, to show your side. 

Legal Assistance

Sometimes, disputes are tricky, like illegal evictions or discrimination. In these cases, getting help from a lawyer or legal aid is smart. Georgia has free legal services for low-income tenants, like the Atlanta Volunteer Lawyers Foundation. Lawyers can explain both sides their rights and help with paperwork or court. 

For example, if a landlord shuts off utilities to force a tenant out, a lawyer can stop it. This option costs nothing for those who qualify and gives clear guidance when things get complicated.

What Are Landlords’ and Tenants’ Responsibilities in Georgia?

Landlord Responsibilities in Georgia

Navigating landlord responsibilities in Georgia is key to maintaining a fair and lawful rental experience. State laws outline clear duties to ensure tenants live in safe, habitable conditions while protecting landlord rights. 

Here’s a look at what Georgia landlords must do to meet their responsibilities effectively.

Make Mandatory Disclosures

Landlords have to make certain mandatory disclosures to the prospective tenant, such as flooding (OCGA § 44-7-20), property ownership and manager (OCGA § 44-7-3), murders or death (OCGA § 44-1-16), mold, and lead paint. 

Keep the Rental Property in Good Condition 

Landlords must keep the rental property in a habitable condition that meets the basic living standards. 

Return Security Deposit 

The landlord shall return the full security deposit to the tenant within 30 days after obtaining possession of the premises. 

OCGA § 44-7-34 also clarifies:

“No security deposit shall be retained to cover ordinary wear and tear which occurred as a result of the use of the premises for the purposes for which the premises were intended, provided that there was no negligence, carelessness, accident, or abuse of the premises by the tenant or members of his or her household or their invitees or guests.”

Tenant Responsibilities in Georgia

Tenant responsibilities in Georgia can be found in the Georgia Landlord-Tenant Handbook and Title 44, Chapter 7 of the Official Code of Georgia Annotated (O.C.G.A.). These obligations outline what tenants must do to uphold their rental agreements, maintain the property, and coexist with landlords. 

Pay Rent on Time

Renters must pay their rent on or before the date stated in the lease contract. No law specifies any grace period for rent payment, however, the landlord and tenant can agree upon one while signing the lease. 

Avoid Illegal Activities on Premises

Tenants aren’t allowed to use the landlord’s premises for illegal activities, such as manufacturing or consuming drugs or running an unauthorized business. If found guilty, the landlord can proceed with eviction immediately without giving the tenant a chance to rectify the violation. 

Don’t Interfere With Neighbors

Tenants in Georgia should maintain a friendly relationship with their neighbors and respect their privacy rights. They are legally obligated to avoid excessive noises or disruptive behavior. 

Don’t Transfer Rights to Another Person

Subletting, where a tenant rents the property to another person, is strictly prohibited without the owner’s permission and written consent. 

Make Minor Repairs

Tenants are responsible for performing minor repairs without requiring the landlord’s attention, such as changing light bulbs, replacing smoke alarm batteries, fixing small leaks, touching up paint, or patching small holes in walls. 

Georgia Landlord-Tenant Rental Laws

Georgia’s landlord-tenant rental laws govern all residential rental agreements and cover key areas like rent control, leases, security deposits, fair housing, maintenance, and evictions. Understanding these laws is essential for both landlords and tenants in Georgia.

Rent Control Law 

Georgia has no rent control laws. Landlords can set any rent price and raise it anytime, as long as they follow the lease terms. They must give notice, usually 30 days, before increasing rent. 

Rental Agreement Law

In Georgia, rental agreements can be oral or written. Written leases over a year are required. Leases should include rent amount, due date, lease term, and repair duties. If no lease term exists, it’s an at-will tenancy, needing 60 days’ notice to end. 

Tenant Screening Law

Landlords in Georgia can charge any application fee for tenant screening and check credit or criminal history. They must notify tenants if a credit score leads to denial, per federal law. Screening must be fair and equal for all applicants to avoid discrimination. 

Fair Housing Law 

Georgia’s Fair Housing Act protects tenants from discrimination based on race, color, religion, sex, disability, national origin, or family status. Landlords must treat all tenants equally, make reasonable disability accommodations, and avoid unfair practices like refusing to rent or charging higher rent. 

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Frequently Asked Questions (FAQs)

What tenant rights apply in Georgia when the landlord sells the house?

If a landlord sells the house, tenants keep their rights under the lease. The new owner must follow the same lease terms, like rent amount and repair duties. Tenants can stay until the lease ends unless the new owner gives proper notice to leave. If the lease is month-to-month, the new owner must give 60-day written notice to end it.

What does Georgia landlord-tenant law stipulate regarding security deposits?

Landlords can’t demand or receive a security deposit in an amount that exceeds 2 months’ rent. They must return it within 30 days after the tenant moves out, minus any money for damages or unpaid rent. Landlords must give a list of damages in writing. If the property has more than 10 units, the deposit must be kept in a separate bank escrow account.

Does Georgia landlord-tenant law apply to commercial leases?

No, Georgia landlord-tenant law is mostly for homes, like houses or apartments. Commercial leases, like for businesses or offices, follow different rules. These are usually set by the contract between the landlord and business. Some basic laws, like eviction processes, might apply, but commercial leases give more freedom to agree on terms. 

Is Georgia a landlord-friendly state?

Yes, Georgia is considered landlord-friendly. Landlords can charge any rent since there’s no statewide rent control. Evictions are faster than in many states, often taking just a few weeks. Landlords have fewer rules to follow for repairs or notices compared to tenant-friendly states. 

However, they must still follow lease terms and basic laws, like giving proper notice. 

Does Georgia have rent control?

No, Georgia doesn’t have rent control. Landlords can raise rent as much as they want, whenever the lease allows. For month-to-month leases, they must give 60 days’ notice before increasing rent. Fixed-term leases lock the rent until the lease ends. Georgia law also bans cities from creating rent control rules, so rent is fully up to the landlord.