Question 1

How much can a landlord charge for a security deposit in Georgia?

Accepted Answer

No more than 2 months' rent (O.C.G.A. § 44-7-30.1), for residential leases entered into or renewed on or after July 1, 2024.

Question 2

How long does a landlord have to return a security deposit in Georgia?

Accepted Answer

Within 30 days after the landlord regains possession: return the deposit, or a written statement of the exact reasons for withholding plus the balance (Georgia Attorney General's summary of the statute).

Question 3

How much notice does a landlord have to give before entering a rental in Georgia?

Accepted Answer

No statutory notice period found in O.C.G.A. §§ 44-7-1 to 44-7-25 (reviewed by full-text search). The lease sets when the landlord may enter.

Question 4

How much notice does a landlord need to give to raise the rent in Georgia?

Accepted Answer

No statutory rent increase notice period found in O.C.G.A. §§ 44-7-1 to 44-7-25 (reviewed by full-text search). Under a lease, the lease terms control. For context, § 44-7-7 requires 60 days' notice from the landlord (30 from the tenant) to end a tenancy at will; it does not address rent increases.

Question 5

Can a landlord charge a late fee in Georgia, and how much?

Accepted Answer

Georgia's landlord-tenant article (O.C.G.A. 44-7-1 to -25) sets no late-fee cap or rule (full article reviewed).

Question 6

What notice does a landlord have to give before evicting for unpaid rent in Georgia?

Accepted Answer

For unpaid rent, late fees, utilities or other charges, the landlord must give a written notice to vacate or pay all past-due amounts within 3 business days before filing, posted in a sealed envelope on the door and delivered by any method the lease provides. HB 404 (Ga. L. 2024, p. 91) took effect July 1, 2024, and applies to leases entered into or renewed on or after that date.

Question 7

Can cities in Georgia pass rent control?

Accepted Answer

No county or municipality may enact, maintain or enforce any ordinance or resolution regulating the amount of rent for privately owned residential rental property. Agreements involving government-owned property are excepted.

Question 8

How much notice is needed to end a month-to-month tenancy in Georgia?

Accepted Answer

A tenancy at will (including month-to-month) ends on 60 days' notice from the landlord or 30 days' notice from the tenant.

Question 9

Does a landlord have to pay interest on a security deposit in Georgia?

Accepted Answer

Georgia's security deposit article requires deposits to be held in trust in an escrow account (or covered by a surety bond), with the tenant told where the account is. It does not require the landlord to pay interest (whole article reviewed).

Question 10

Is a move-in or move-out inspection checklist required in Georgia?

Accepted Answer

Before taking a deposit, the landlord must give the tenant a comprehensive list of existing damage; the tenant may inspect the unit, and both sign the list (or the tenant signs a written dissent). Within 3 business days after move-out, the landlord must inspect and list any damage charged to the deposit with estimated costs, and the tenant may inspect within 5 business days (O.C.G.A. § 44-7-33(a), (b)(1)). These rules do not apply to units owned by a person who, with a spouse and minor children, owns ten or fewer rental units, unless a third party manages the units for a fee (O.C.G.A. § 44-7-36).

Question 11

Is landlord retaliation illegal in Georgia?

Accepted Answer

Yes. Landlords may not retaliate against tenants who request repairs, organize a tenant group about health or safety, make good-faith code complaints, or enforce lease or legal rights. Filing an eviction, cutting access or services, raising rent, terminating or interfering with the lease within 3 months is presumed retaliatory unless the landlord shows a lawful reason.

Question 12

Can a landlord change the locks or shut off utilities in Georgia?

Accepted Answer

A landlord may not knowingly and willfully cut off cooling, heat, light or water to a tenant until the final disposition of a dispossessory case; violation carries a fine of up to $500. Removal of the tenant requires a writ of possession after a dispossessory judgment.

Question 13

What can a tenant do if the landlord won't make repairs in Georgia?

Accepted Answer

Yes, by case law, not by statute. Applying the landlord's repair duty in O.C.G.A. § 44-7-13, Georgia courts allow a tenant to make repairs the landlord fails to make and either recover the reasonable cost or set it off against rent, or instead sue for damages (Dougherty v. Taylor & Norton Co., 5 Ga. App. 773 (1909)). No Georgia statute sets out a repair-and-deduct procedure.

Question 14

What disclosures must a landlord give tenants in Georgia?

Accepted Answer

Before signing a written lease, the owner must tell the prospective tenant in writing if flooding has damaged the leased living space at least 3 times in the 5 years before the lease. An owner who does not is liable for flood damage to the tenant's personal property during the lease (O.C.G.A. § 44-7-20, version effective July 1, 2026). Landlords must also give the federal lead-based paint disclosure for pre-1978 units.

Question 15

What can a landlord do with property a tenant leaves behind in Georgia?

Accepted Answer

After an eviction judgment, the writ of possession lets the officer remove the tenant's property and place it on the landlord's land or other approved property; the landlord is not a bailee, and after execution the property is regarded as abandoned.

Question 16

Can a tenant break a lease early for domestic violence or military service in Georgia?

Accepted Answer

Family violence or stalking: a tenant protected (with their minor children) by a civil or criminal family violence or stalking order may end the lease with 30 days' notice and a copy of the order. Servicemembers may terminate under the federal SCRA (for monthly rent, effective 30 days after the next rent due date).

Question 17

Is there a grace period before a late fee can be charged in Georgia?

Accepted Answer

Georgia's landlord-tenant article (O.C.G.A. 44-7-1 to -25) sets no late-fee grace period (full article reviewed).

Question 18

What is the military lease termination (federal scra, all states) rule in Georgia?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 19

What federal protections does a tenant have after foreclosure in Georgia?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 20

What is the warranty of habitability in Georgia?

Accepted Answer

The landlord must keep the premises in repair, and every residential lease is deemed to include a provision that the premises is fit for human habitation (O.C.G.A. § 44-7-13, as amended July 1, 2024). HB 404 (Ga. L. 2024, p. 91) took effect July 1, 2024, and applies to leases entered into or renewed on or after that date.

Question 21

Does Georgia have rent control?

Accepted Answer

No local rent control. Counties and cities may not enact or enforce any ordinance regulating the amount of rent for privately owned residential rental property (O.C.G.A. § 44-7-19).

Question 22

What disclosures must a landlord give in Georgia?

Accepted Answer

At or before the start of a tenancy, the landlord must disclose in writing the names and addresses of the owner of record (or a person authorized to receive process and notices) and the person authorized to manage the premises (O.C.G.A. § 44-7-3(a)).

Question 23

What is the scra / military lease termination rule in Georgia?

Accepted Answer

A service member may end a residential lease with written notice effective at least 30 days after the landlord receives it if, among other listed reasons, permanent change of station orders require a move of 35 miles or more, or orders require a move into government quarters (O.C.G.A. § 44-7-22(b)). Separately, if a service member on active duty receives permanent change of station orders or temporary duty orders for more than 3 months, rent liability under the lease is capped at 30 days' rent after written notice and proof of the orders, plus damage repairs (O.C.G.A. § 44-7-37). Federal SCRA rights also apply.

Question 24

What is the domestic violence early termination rule in Georgia?

Accepted Answer

A tenant may end a residential lease effective 30 days after written notice when a civil or criminal family violence or stalking order protects the tenant or the tenant's minor child. The notice must include a copy of the order, and a police report if the order was an ex parte temporary order (O.C.G.A. § 44-7-23(b)-(c)).

Question 25

What is the property manager licensing rule in Georgia?

Accepted Answer

A landlord who does not live in Georgia and owns or operates single-family or duplex rentals there must employ a Georgia-licensed real estate broker (O.C.G.A. § 44-7-25(a)). Anyone who, for a fee, collects rents or performs property management services for another is acting as a broker (O.C.G.A. § 43-40-1(2)(C), (H)) and must hold a real estate license unless exempt under § 43-40-29 (§ 43-40-30(b)). Owners, their spouses and family members, and their regular employees managing the owner's own property are exempt, as are attorneys, court-appointed fiduciaries and some others (O.C.G.A. § 43-40-29(a)).

Question 26

What happens if a tenant stays after the lease ends in Georgia?

Accepted Answer

The tenant must give up possession when the term ends; if the tenant refuses, the landlord has the summary dispossessory remedy in Article 3 of ch. 44-7 (O.C.G.A. § 44-7-10).

Question 27

Does a landlord need just cause to evict in Georgia?

Accepted Answer

A tenancy with no set end is a tenancy at will. The landlord must give 60 days' notice to end it, and the tenant 30 days (O.C.G.A. §§ 44-7-6, 44-7-7). No state just-cause eviction requirement was found in these sections.

Question 28

What is the deposit bank holding / separate account rule in Georgia?

Accepted Answer

Yes. A landlord or agent holding a security deposit must place it in an escrow account used only for that purpose at a state or federally regulated bank or lending institution, hold it in trust for the tenant, and tell the tenant in writing where the account is (O.C.G.A. § 44-7-31). As an alternative, the landlord may post a surety bond with the superior court clerk for the total deposits held or $50,000, whichever is less (§ 44-7-32(a)). These rules do not apply to units owned by a person who, with a spouse and minor children, owns ten or fewer rental units, unless a third party manages the units for a fee (O.C.G.A. § 44-7-36).

Question 29

What is the pet deposits/fees & service/esa animals rule in Georgia?

Accepted Answer

No state statute on pet deposits or animals was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 30

Can a tenant fix something and deduct it from rent in Georgia?

Accepted Answer

Yes, by case law, not by statute. Applying the landlord's repair duty in O.C.G.A. § 44-7-13, Georgia courts allow a tenant to make repairs the landlord fails to make and either recover the reasonable cost or set it off against rent, or instead sue for damages (Dougherty v. Taylor & Norton Co., 5 Ga. App. 773 (1909)). No Georgia statute sets out a repair-and-deduct procedure.

Question 31

Can a tenant withhold rent for repairs in Georgia?

Accepted Answer

No state statute allowing rent withholding or rent escrow was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 32

Does a landlord have to provide smoke and carbon monoxide detectors in Georgia?

Accepted Answer

Yes. Every dwelling unit in an apartment, house, condominium or townhouse must have an approved smoke detector: new units built on or after July 1, 1987 need a listed detector installed per the manufacturer, and older units need a battery-operated detector kept in good working order (O.C.G.A. § 25-2-40(a)(1)-(2)). Detectors go near each sleeping area and on each story (§ 25-2-40(b)). No carbon monoxide rule was in this section.

Question 33

How much can a landlord charge for a rental application fee in Georgia?

Accepted Answer

No state statute limiting rental application fees was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 34

Can a landlord deny a tenant for criminal or credit history in Georgia?

Accepted Answer

No state statute limiting tenant screening by criminal or credit history was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 35

Can a landlord refuse Section 8 or other source of income in Georgia?

Accepted Answer

No state statute barring source-of-income discrimination was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 36

What is the tenant buyout disclosures rule in Georgia?

Accepted Answer

No state statute on tenant buyout agreements was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 37

Does a landlord have to give notice before not renewing a lease in Georgia?

Accepted Answer

No state statute requiring notice of lease nonrenewal was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 38

What happens to the lease when a tenant dies in Georgia?

Accepted Answer

No state statute on the death of a tenant was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 39

What is the tenant relocation assistance rule in Georgia?

Accepted Answer

No state statute requiring relocation assistance was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 40

What rights does a tenant have after foreclosure in Georgia?

Accepted Answer

No state statute protecting tenants after foreclosure was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 41

Do landlords need a rental license or registration in Georgia?

Accepted Answer

No state statute requiring rental registration was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 42

Can the city inspect my rental property in Georgia?

Accepted Answer

No state statute requiring rental inspections was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 43

What are the Airbnb / short-term rental rules in Georgia?

Accepted Answer

No state statute regulating short-term rentals was found in O.C.G.A. §§ 44-7-1 to 44-7-25 (Title 44, ch. 7, Art. 1, reviewed by full-text search).

Question 44

What is the rental / transient occupancy tax rule in Georgia?

Accepted Answer

Yes, locally. Cities, and counties within their special districts, may levy an excise tax on rooms, lodgings and accommodations furnished by an innkeeper (O.C.G.A. § 48-13-51(a)(1)(A)). Rates vary by local law. The tax does not apply to charges after the first 30 days of continuous occupancy (§ 48-13-51(h)(4)).

Question 45

What is the eviction notices for other grounds (lease violation, no-fault) rule in Georgia?

Accepted Answer

Before filing, the owner must demand possession (holdover or tenancy at will or sufferance). For unpaid rent, late fees, utilities or other charges, the landlord must first give a notice to vacate or pay within 3 business days. Either notice must be posted in a sealed envelope on the door and also delivered by any method the lease provides. Public housing authorities may give the demand with the federal termination notice. HB 404 (Ga. L. 2024, p. 91) took effect July 1, 2024, and applies to leases entered into or renewed on or after that date.

Question 46

How does the eviction court process work in Georgia?

Accepted Answer

The landlord files a dispossessory affidavit; the court issues a summons served personally, on a resident adult, or by posting and mailing. The tenant must answer within 7 days of service (orally or in writing). If the landlord wins, a writ of possession issues effective 7 days after judgment; the landlord must apply to execute it within 30 days, and property removed is treated as abandoned.

Question 47

What is the right to cure / redeem rule in Georgia?

Accepted Answer

In a nonpayment case, the tenant may tender all rent claimed plus the cost of the dispossessory warrant within 7 days of being served, and that is a complete defense. A landlord must accept such a tender from a tenant only once in any 12-month period (O.C.G.A. § 44-7-52(a)).

Question 48

How much does it cost to file an eviction in Georgia?

Accepted Answer

Magistrate court filing deposit set by local rule, capped at $22.00, plus the actual cost of service (capped at the sheriff's fee); other statutory surcharges are added, so county totals vary (O.C.G.A. § 15-10-80 as revised by HB 999 (2026)).

Question 49

What is the eviction record sealing rule in Georgia?

Accepted Answer

Starting January 1, 2027, a court may, on motion and after a hearing, make dispossessory records unavailable to the public if the tenant won, the tenant satisfied the judgment in full with interest and costs, or 7 years have passed since a dismissal or a fully paid judgment. Before that date, no such provision appears in § 44-7-50.

Question 50

Can a tenant sublet an apartment in Georgia?

Accepted Answer

Under O.C.G.A. § 44-7-1(a), when the owner of real estate grants another person, who accepts the grant, the right simply to possess and enjoy the use of such real estate either for a fixed time or at the will of the grantor, no estate passes out of the landlord and the tenant has only a usufruct which may not be conveyed except by the landlord's consent and which is not subject to levy and sale. Under § 44-7-1(b), all renting or leasing of real estate for a period of time less than five years is held to convey only the right to possess and enjoy such real estate, to pass no estate out of the landlord, and to give only the usufruct, unless the contrary is agreed upon by the parties to the contract and is so stated in the contract. A full-text search of official O.C.G.A. Title 44, Chapter 7, Article 1 (§§ 44-7-1 to 44-7-25) found no other general rule on landlord consent to a residential sublet or assignment. Section 44-7-2(b) uses 'assign' only to bar a waiver, assignment, transfer, or avoidance of certain listed statutory rights in a contract for the use or rental of real property as a dwelling place; it is not a lease-assignment consent rule. Section 44-7-18 makes leases and agreements letting, subletting, or renting a house, place, building, tourist camp, or other structure for prostitution or assignation void; 'assignation' in that section is defined as an appointment or engagement for prostitution. Local ordinances and other titles, including Chapter 6 (estates for years), were not searched.

Georgia landlord-tenant law FAQ