Georgia Landlord-Tenant Laws Explained

Georgia is generally considered a landlord-friendly state, but the Georgia Landlord-Tenant Act (O.C.G.A. § 44-7) still provides important protections for renters. Understanding these rights is essential for protecting your security deposit and ensuring habitable living conditions.

This guide covers Georgia's security deposit rules, habitability requirements, eviction procedures, and how to recover your deposit when landlords violate the law.

Georgia Security Deposit Rules

Deposit Limits

Georgia has no statutory limit on security deposits. Landlords can charge whatever the market will bear, though most stick to one to two months' rent.

Holding Requirements

Georgia has unique escrow requirements depending on landlord size:

• 10+ units: Must hold deposit in escrow account
• Under 10 units: Must either escrow OR post a bond
• Landlord must provide tenant with deposit location in writing
• Failure to escrow or bond can result in deposit return requirement

Return Deadline

Landlords have 30 days to:

• Return the full deposit, OR
• Provide a written statement of deductions with remaining balance

Itemization Requirements

If any deductions are made, the landlord must provide:

• Written itemized list of damages
• Cost of each repair
• Remaining deposit balance

Penalties for Violations

If a landlord wrongfully withholds the deposit or fails to comply with the law:

• Three times the amount wrongfully withheld
• Court costs
• No attorney fees (Georgia doesn't provide this)

Move-In/Move-Out Inspection

Georgia law requires landlords to:

• Conduct a move-in inspection within 3 business days
• Provide tenant with inspection report
• Document pre-existing damage
• Conduct a similar move-out inspection (optional but recommended)

Request a walk-through at move-out. This gives you the chance to address any claimed damage before the landlord makes deductions.

Habitability Standards

Unlike many states, Georgia doesn't have an implied warranty of habitability. However, landlords must still:

• Maintain the property according to the lease
• Keep common areas reasonably safe
• Comply with local housing codes
• Make repairs that were promised in the lease

Repair Process

If repairs are needed:

1. Notify the landlord in writing
2. Document the problem with photos and dates
3. Allow reasonable time for repair
4. If no repair, contact local code enforcement
5. Consider repair-and-deduct only if lease specifically allows it

Eviction Protections

Georgia has a fast eviction process, but landlords must follow legal procedures:

For Non-Payment

• Landlord may demand rent immediately upon default
• No mandatory waiting period before filing
• Eviction complaint filed in magistrate court
• Hearing typically within 7-14 days

Illegal Self-Help Evictions

Landlords cannot:

• Change locks without court order
• Remove doors, windows, or tenant belongings
• Shut off utilities to force tenant out
• Physically remove or threaten tenants

Lease Termination

Breaking a Lease Early

Georgia allows early termination without penalty for:

• Military deployment: Under the SCRA
• Domestic violence: With 30 days' notice and documentation
• Senior citizens: Moving to assisted living (60 days' notice)

Landlord Duty to Mitigate

If you break your lease, Georgia landlords must make reasonable efforts to re-rent the unit. They can't simply leave it empty and charge you for the full remaining lease term.

Georgia Small Claims Court

Called "Magistrate Court" in Georgia:

• Limit: $15,000
• Filing fee: $45-$75
• Where to file: County where property is located or defendant resides
• Lawyers: Allowed but not required

Demand Letter Strategy

Before suing, send a demand letter that includes:

1. Your move-out date and forwarding address
2. Citation to O.C.G.A. § 44-7-34 (security deposit law)
3. Calculation of amount owed
4. Notice of treble damages if withheld in bad faith
5. Deadline to respond (typically 14 days)
6. Statement of intent to file in magistrate court

Atlanta Specific Rules

If you're renting in Atlanta, be aware of additional city ordinances:

• Atlanta Housing Code provides minimum standards
• Code enforcement can inspect rental properties
• Landlords must maintain heat, plumbing, and electrical

Move-Out Best Practices

1. Review your lease: Note specific move-out requirements
2. Clean thoroughly: Leave unit in same condition as received
3. Document everything: Take dated photos and video
4. Return keys properly: Get a receipt
5. Provide forwarding address: In writing, by certified mail
6. Request walk-through: Before turning over keys
7. Track the 30 days: Mark your calendar

Georgia Tenant Resources

These Georgia agencies and resources can help with landlord-tenant disputes:

• Georgia Governor's Office of Consumer Protection: File complaints and access consumer information
• Georgia Legal Aid: Free legal help for qualifying residents
• Georgia Magistrate Court: Small claims court information and forms

Frequently Asked Questions

Is there a limit on how much a Georgia landlord can charge for a security deposit?

No. Georgia is one of the few states with no statutory limit on security deposit amounts. Landlords can legally charge as much as they want. However, market competition typically keeps deposits at 1-2 months' rent. Regardless of the amount, all the rules about proper escrow holding and 30-day return still apply.

Does Georgia have an implied warranty of habitability?

No. Unlike most states, Georgia does not have an implied warranty of habitability. This means landlords are only required to maintain the property according to what the lease promises and local housing codes. You cannot automatically withhold rent or repair-and-deduct for habitability issues unless your lease specifically allows it.

What happens if my landlord doesn't return my deposit within 30 days?

If your Georgia landlord fails to return your security deposit or provide an itemized statement of deductions within 30 days after you move out and provide a forwarding address, you can sue for up to three times the amount wrongfully withheld. This treble damages penalty applies only if the landlord acted in bad faith.

Does my Georgia landlord have to put my deposit in escrow?

It depends on the size of the property. Landlords with 10 or more rental units must hold deposits in an escrow account. Landlords with fewer than 10 units can either use an escrow account OR post a surety bond. All landlords must provide tenants written notice of where the deposit is being held.

How fast can I be evicted in Georgia?

Georgia has one of the fastest eviction processes. For non-payment, there's no mandatory waiting period - the landlord can file immediately after rent is late. A hearing is typically scheduled within 7-14 days, and if the landlord wins, you may have only 7 days to vacate.