Key Takeaways
- Strict Security Deposit Handling: Landlords must be diligent with security deposits. The maximum deposit a landlord can collect is generally limited to two times the monthly rent.
- Landlord Duty to Repair and Maintain Habitability: Landlords are legally obligated to keep the rental property in a safe and habitable condition.
- No Self-Help Evictions or Retaliation: Eviction is a strictly formal legal process known as a Dispossessory action in Georgia. Landlords cannot use “self-help” methods like illegally changing locks or shutting off utilities to force a tenant out.
Georgia Code Title 44 Chapter 7 governs the landlord-tenant relationship throughout the state of Georgia. To be a successful landlord in Marietta or anywhere else in the state, you must familiarize yourself with this code and apply it in all your interactions with the resident.
The code specifies each party’s rights and responsibilities as well as important landlord-tenant laws to keep in mind.
In this guide by Keyrenter Marietta, we’ll go over essential aspects of the Georgia landlord-tenant law. This overview should help you stay compliant for a successful landlording experience.
If you need expert help in managing your rental property look no further than Keyrenter Marietta.
Required Landlord Disclosures
As a landlord, you’ll need to disclose the following information to residents before they can move in:
- Lead-Based Paint: Concentrations of lead-based paint if you’re renting out a building that was built in 1978 or earlier.
- Owner or Manager Details: Names and addresses of the property owner or manager.
- Flood Risk: Whether the property is located in a flood risk area. Georgia Code 44-7-20 requires written notice if the property has been flooded three times in the last five years and has damaged any portion of the living space.
- Pre-Existing Damage: A comprehensive list of any pre-existing damage to the unit if requiring a security deposit.
Georgia Tenant Rights and Responsibilities
In Georgia, the following are some of the rights residents acquire after establishing a rental agreement with a landlord:
- Habitable Home: Live in a habitable home and have any repairs impacting habitability handled within a “reasonable time” after getting notified by the resident.
- Proper Eviction: Go through an appropriate process of eviction that’s not based on discriminatory or retaliatory reasons.
- Security Deposit Return: Have the security deposit or whatever portion remains returned within 30 days after moving out.
- Lease Termination: Terminate a periodic lease, such as a month-to-month tenancy, after serving the landlord with the appropriate advance notice, which is 60 days in Georgia.
- Rent Increase Notice: The landlord must give an advance notice of 60 days before the landlord can raise rent.
- Fair Treatment: Be treated without any bias based on the fair-housing-protected classes in Georgia. These include race, color, religion, disability, familial status, national origin, and sex.
- Disclosures: Be provided with the aforementioned disclosures before moving into the property.
Georgia landlord-tenant law also grants residents certain responsibilities upon signing a rental agreement with a landlord.
Generally the responsibilities include the following:
- Pay Rent: Pay rent whenever it becomes due and observe all other terms of the rental agreement.
- Report Repairs: Report repairs and maintenance issues on time.
- Avoid Damage: Not cause damage to the property.
- No Holdover: Not holdover after the rental agreement has expired.
- Provide Access: Not deny landlord entry to the rented premises for legitimate reasons like repairs or inspections.
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Georgia Landlord Rights and Responsibilities
Just like residents landlords in Georgia also enjoy certain rights and responsibilities after establishing a lease. The following are some of the rights landlords have:
- Entry for Duties: Enter rented premises to perform crucial duties such as inspections and maintenance. No specific notice period is required by state law though providing advance notice is customary and recommended.
- Enforce Lease: Draft a proper rental agreement and enforce all of its terms.
- Late Fees: Charge a late fee if rent is not paid on time as long as this is specified in the lease. No grace period is required unless the lease states one.
- Evict for Violations: Evict a resident who fails to observe any term of the lease agreement following the proper legal procedure.
- Security Deposit Limit: Require a security deposit of up to 2X the monthly rent before a resident can move in.
- Raise Rent: Raise rent by any amount and as often as you choose, as long as you give the resident an advance notice of 60 days.
As for the list of responsibilities for Georgia landlords, it includes the following:
- Treat Residents Fairly: Treat the resident fairly as per the Fair Housing Act in Georgia.
- Follow Eviction Law: Follow the proper legal eviction process to remove the resident for lease violations.
- Maintain Habitability: Handle repairs within a “reasonable time” after proper notification from the resident to keep the property habitable.
- Manage Deposits: Hold security deposits in a bank escrow account or post a surety bond.
An Overview of the Landlord-Tenant Laws in Georgia
Georgia’s landlord-tenant laws primarily rely on state statutes, common law, and local ordinances to govern the relationship between rental property owners and their tenants.
Renter’s Rights for Repairs
In Georgia, landlords must provide habitable premises, meaning the unit must be safe and fit for human habitation. This includes ensuring no serious structural issues mold or pest infestations exist.
Landlords are also generally responsible for maintaining essential systems like heating and plumbing. Repairs must be made within a “reasonable time” after proper notification from the resident.
Tenant Evictions
Georgia law permits landlords to initiate evictions known as a Dispossessory action for reasons such as nonpayment of rent, lease violations, or holding over after the lease expires. A landlord must first provide a demand for possession or a notice to vacate before filing a Dispossessory Affidavit in court.
Landlords must never resort to self-help evictions, which involve actions like shutting off utilities or changing locks. Unauthorized occupants may require the same formal legal process.
Security Deposits
Landlords requiring a security deposit must adhere to rules regarding collection and return. The deposit limit is generally two times the monthly rent.
The funds must be held in a bank escrow account or covered by a surety bond, and the landlord must provide the tenant with written notice of where the deposit is being held within 30 days of receipt.
Upon the tenant vacating the unit, the landlord has 30 days to return the deposit or provide a written, itemized list of deductions for things like unpaid rent or damage beyond normal wear and tear.
Housing Discrimination
The Federal Fair Housing Act prohibits discrimination in housing based on seven protected classes: race, color, religion, disability, familial status, national origin, and sex.
Georgia’s state law mirrors these federal protections, offering no additional protected classes at the state level. Landlords must not discriminate in any aspect of the rental process, including advertising, screening, or setting lease terms.
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Bottom Line
Now you have a comprehensive overview of the Georgia landlord-tenant law. This knowledge should ensure you have a smooth landlording experience and a solid landlord-tenant relationship.
If you have a question or need expert help in managing your Marietta rental property, look no further than Keyrenter Marietta. We provide exceptional property management services to rental property owners in Marietta, GA, and its surrounding areas. Get in touch to learn more!
Legal Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it