Georgia Landlord-Tenant Laws: A Plain-English Guide

Before the lease

Screening

Georgia’s screening rules come mostly from federal law. Get written consent before running credit or background checks, and send an adverse action notice when a report leads to a denial, as the Fair Credit Reporting Act requires. Follow the Fair Housing Act and look at each criminal record individually rather than using a blanket ban. HUD withdrew its 2016 guidance on records in 2025, but blanket bans still invite claims under the Act.

The deposit and where you keep it

The Safe at Home Act caps deposits at two months’ rent, effective July 1, 2024 (O.C.G.A. §§ 44-7-30 to 44-7-37). The provision is new, so confirm current text before you rely on the upper limit. If you own more than 10 units, or use an outside management company, the deposit must go into an escrow account. A self-managing owner of 10 or fewer units is exempt from the escrow rule.

The move-in damage list

This is the step that decides whether you can keep any of the deposit later. Before the tenant moves in, give them a written list of existing damage. The tenant reviews it, can note disagreements, and signs it. Take dated photos to go with it.

Flood disclosure

If the property has flooded at least 3 times in the past 5 years, you must disclose that in writing (O.C.G.A. § 44-7-20). Add the federal lead-based paint disclosure for pre-1978 housing.

During the tenancy

Rent increases

Rent control is banned by O.C.G.A. § 44-7-19, so you set the rent. On a month-to-month tenancy, the practical approach is to give the same 60 days you’d give to end it.

Late fees

No statutory cap. The fee must be in the lease. Keep it tied to your actual costs; a modest flat fee is easier to defend than a daily charge with no ceiling.

Entry

No statute sets a notice period, so the lease decides.

Repairs and the warranty of habitability

Before 2024, Georgia had no statutory warranty of habitability. The Safe at Home Act added one, so units must be fit for living at move-in and throughout the lease. The Act also strengthened protections for tenants who report code violations, which means a notice to vacate sent soon after a complaint can look like retaliation. Document a legitimate reason for any action you take.

Ending the tenancy

Notices

• Nonpayment: 3-business-day notice to pay or vacate (leases entered or renewed on or after July 1, 2024).
• Other breaches: a demand for possession. Georgia sets no statutory cure period.
• Month-to-month: 60 days from you, 30 days from the tenant (O.C.G.A. § 44-7-7).

Move-out and the deposit refund

Inspect within 3 business days after the tenant moves out, compare against the signed move-in list, and send the refund with a written statement of deductions within 30 days. A worked example: rent is $1,600, the deposit is $1,600, and the tenant leaves a damaged countertop that costs $350 to repair, beyond normal wear. The statement lists $350 with the invoice, and you refund $1,250.

Eviction overview

Georgia calls it a dispossessory action (O.C.G.A. §§ 44-7-7, 44-7-50). File a dispossessory affidavit in the magistrate court of the county where the property is. The sheriff or marshal serves the summons, and the tenant has 7 days to answer. With no answer, you can request a default and writ of possession; otherwise you attend a hearing. After judgment, there’s a 7-day appeal window before the writ is executed. Uncontested cases take about 3-6 weeks. Filing runs roughly $60-$100 or more plus about $50 for service, depending on the county, so check with the clerk.

What’s different in Georgia

• The Safe at Home Act (HB 404, July 1, 2024) created a statutory warranty of habitability, capped deposits at two months and added the 3-business-day pay-or-vacate notice.
• Stronger anti-retaliation rules protect tenants who report code violations.
• Deposit deductions need paperwork: a signed move-in damage list and a move-out inspection within 3 business days.
• Flood history disclosure in writing when the property has flooded 3 or more times in 5 years (O.C.G.A. § 44-7-20).
• Fast dispossessory cases, with 7 days to answer after service and 7 days to appeal after judgment.