All Laws Decoded

Georgia Landlord-Tenant Law

The rules for renting in Georgia — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.

Quick answers for Georgia

Security deposit limit
2 months' rent. No landlord may demand or receive a security deposit that exceeds the equivalent of two months' rent. O.C.G.A. § 44-7-30.1 (added by HB 404, 2024 Safe at Home Act, Act 392)
Deposit return deadline
Within 30 days after the landlord obtains possession of the unit. The landlord complies by mailing the statement and any refund by first-class mail to the tenant's last known address. If the mailed refund is returned undeliverable and the tenant cannot be located after reasonable effort, it becomes the landlord's property 90 days after mailing. O.C.G.A. § 44-7-34(a)
Notice for unpaid rent
Before filing a dispossessory affidavit for unpaid rent, late fees, utilities, or other charges, the landlord must give the tenant a notice to vacate or pay all past-due amounts within three business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed upon in the rental agreement. O.C.G.A. § 44-7-50(c), (d) (as amended by HB 404, 2024 Safe at Home Act, Act 392)
Ending a month-to-month lease
Tenancy at will (no written lease, or expired lease with landlord allowing the tenant to stay): landlord must give 60 days' notice; tenant must give 30 days' notice. Rent changes for a tenancy at will also require 60 days' notice (Handbook). O.C.G.A. § 44-7-7; Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 13, 15
Landlord entry notice
No statute. Entry is governed by the lease; if the lease gives no right of entry, the tenant may refuse except in an emergency. Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 12
Rent control / increase limits
Local rent control is preempted. No county or city may enact, maintain, or enforce any ordinance or resolution regulating the rent charged for privately owned single-family or multi-unit residential rental property. Exceptions: property the local government (or its authority) owns, and voluntary agreements with private persons that regulate rent. No statewide rent cap. O.C.G.A. § 44-7-19

Last verified against official sources: 2026-10-22

Main law: O.C.G.A. Title 44, Chapter 7 (Landlord and Tenant) — O.C.G.A. § 44-7-1 et seq.

Security Deposits in Georgia

Security deposit limit2 months' rent. No landlord may demand or receive a security deposit that exceeds the equivalent of two months' rent.
Verified from the enrolled text of HB 404 (AS PASSED HOUSE AND SENATE) on legis.ga.gov: signed 4/22/2024 as Act 392, effective 7/1/2024; the Act applies to residential leases entered into or renewed on or after July 1, 2024. The small-landlord exemption in § 44-7-36 (per public mirror, current as of 3/28/2024) lists §§ 44-7-31, -32, -33 and -35 and does not list § 44-7-30.1, so the cap appears to apply to all landlords. Also stated in the DCA Landlord-Tenant Handbook (rev. 8-29-24), p. 8.
Deposit return deadlineWithin 30 days after the landlord obtains possession of the unit. The landlord complies by mailing the statement and any refund by first-class mail to the tenant's last known address. If the mailed refund is returned undeliverable and the tenant cannot be located after reasonable effort, it becomes the landlord's property 90 days after mailing.
Official O.C.G.A. is published only via LexisNexis; text verified on a public mirror (code year 2024, current as of March 28, 2024 — older than 2025). Not amended by HB 404 (2024) or by the 2025-2026 bills checked. The DCA Handbook (rev. 8-29-24), p. 15, phrases it as 30 days after the lease ends or the tenant moves out, whichever is later. Applies to all landlords (§ 44-7-34 is not in the § 44-7-36 exemption list).
Itemized deductionsIf any amount is kept, the landlord must give a written statement of the specific reasons within 30 days, with the itemized damage list if damage is claimed, and the balance due. No deduction for normal wear and tear. Landlords with more than 10 units or a fee-paid management agent must also give a move-in damage list and do a move-out inspection within 3 business days, giving the tenant a signed damage list; the tenant may inspect within 5 business days and sign or note disagreements.
Official code not freely readable online; §§ 44-7-33 and 44-7-34 text verified on a public code mirror (code year 2024, current as of March 28, 2024). The Legislative Counsel's summaries of general statutes enacted in 2025 and 2026 list no amendment to these sections. A tenant who signs the move-out list, or does not dissent item by item in writing, generally cannot later contest those deductions, if the lists told the tenant of the duty to sign or dissent (§ 44-7-33(c)).
Interest on depositsNo statutory requirement to pay interest on security deposits identified. Deposits must be held in an escrow account used only for that purpose at a state- or federally regulated bank or lending institution (or covered by a surety bond under § 44-7-32), and the tenant must be told in writing where the escrow account is located.
Official O.C.G.A. is published only via LexisNexis; text verified on a public mirror (code year 2024, current as of March 28, 2024 — older than 2025). § 44-7-31 contains no interest language, and the DCA Handbook (rev. 8-29-24) mentions interest only as a remedy (interest on a wrongfully withheld deposit, p. 16). The Legislative Counsel's summaries of general statutes enacted in 2025 and 2026 show no new deposit-interest law.
Penalty for withholdingLandlord who fails to return any part of a deposit required to be returned is liable for 3 times the amount improperly withheld plus reasonable attorney's fees, unless the landlord shows by a preponderance of the evidence that the withholding was unintentional and a bona fide error despite procedures reasonably adapted to avoid it (then only the amount withheld). Failing to keep the escrow/bond or provide the required damage lists forfeits the right to withhold any part of the deposit. These penalties do not apply to owners of 10 or fewer units without a fee-paid manager, who can still be sued for the amount, interest while withheld, attorney's fees, and filing costs.
Official O.C.G.A. is published only via LexisNexis; text verified on a public mirror (code year 2024, current as of March 28, 2024 — older than 2025).

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Eviction in Georgia

Notice for unpaid rentBefore filing a dispossessory affidavit for unpaid rent, late fees, utilities, or other charges, the landlord must give the tenant a notice to vacate or pay all past-due amounts within three business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed upon in the rental agreement.
Verified from the enrolled HB 404 text; effective 7/1/2024 and applies to residential leases entered into or renewed on or after July 1, 2024. HB 1389 (2026) proposing to extend this to seven days did not pass. After filing, a tenant may tender all rent allegedly owed plus the cost of the dispossessory warrant within 7 days of being served; this is a complete defense, but the landlord must accept it only once in any 12-month period (§ 44-7-52(a); official code not freely readable online; text verified on a public code mirror, code year 2024, current as of March 28, 2024).
Notice for lease violationsNo statutory cure period. Landlord must demand possession before filing for eviction, and lease notice terms must be followed. For leases entered into or renewed on or after July 1, 2024, the demand for possession must be posted in a sealed envelope conspicuously on the door of the property and also delivered by any additional method agreed in the lease.
§ 44-7-50(d), as amended by HB 404, applies the posting requirement to the demand for possession under subsection (a) as well as to the 3-day notice to vacate or pay. The state DCA Landlord-Tenant Handbook (rev. 8-29-24, p. 17) still says a non-rent demand need not be written; the statute controls.
Lockouts & utility shutoffsSelf-help eviction is illegal: landlord cannot remove a tenant or block access without the court dispossessory process. A landlord may not knowingly and willfully suspend a tenant's utility service before the final disposition of a dispossessory case the landlord has filed against that tenant; 'utilities' means cooling, heat, light, and water service. Violation is a crime punishable by a fine of up to $500.
Official code not freely readable online; § 44-7-14.1 text verified on a public code mirror (code year 2024, current as of March 28, 2024), which predates HB 404's addition of 'cooling' to the definition (enrolled HB 404: https://gov.georgia.gov/document/2024-signed-legislation/hb-404/download). The lockout rule is from the Handbook; statutory damages for an illegal lockout not verified.

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Notice to Vacate in Georgia

Ending a month-to-month leaseTenancy at will (no written lease, or expired lease with landlord allowing the tenant to stay): landlord must give 60 days' notice; tenant must give 30 days' notice. Rent changes for a tenancy at will also require 60 days' notice (Handbook).
Official O.C.G.A. is published only via LexisNexis; text verified on a public mirror (code year 2024, current as of March 28, 2024 — older than 2025). The 60-day rent-change rule is from the Handbook only.

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Landlord Entry in Georgia

Landlord entry noticeNo statute. Entry is governed by the lease; if the lease gives no right of entry, the tenant may refuse except in an emergency.

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Repairs & Habitability in Georgia

Repair and deductNo repair-and-deduct statute identified. The DCA Handbook describes the practice: notify the landlord in writing before repairing, use a qualified professional at reasonable cost, keep estimates and receipts, and deduct from the next rent; not for common areas, and the landlord may dispute necessity or cost.
HB 876 (2025-2026 session), which would have created a statutory repair-and-offset right, stalled at House Second Readers (legis.ga.gov search, checked 2026-10-22). The legal basis of the Handbook's description (case law) was not verified.
Withholding rentNot permitted as a general remedy; tenants generally must keep paying rent even if repairs are not made, or the landlord can begin eviction.
Since HB 404 (2024), O.C.G.A. § 44-7-13 requires the landlord to keep the premises in repair, and every residential rental agreement, oral or written, is deemed to include a provision that the premises is 'fit for human habitation' (§ 44-7-13(b), verified from enrolled HB 404 text at https://www.legis.ga.gov/legislation/64363). The Act does not create a withholding remedy.
Retaliation protectionLandlord may not retaliate because a tenant, in good faith, asserted a lease or legal right, asked for repairs or used a remedy under the landlord-tenant chapter, complained to a housing or code enforcement agency or a utility about a condition the landlord must fix, or formed or joined a tenant organization about habitability. A tenant makes a prima facie case of retaliation if, within 3 months after the protected act, the landlord files for eviction (with exceptions), deprives the tenant of use of the premises, reduces services, raises rent, terminates the lease, or materially interferes with the tenant's lease rights. Retaliation is a defense to eviction. Remedy: a civil penalty of one month's rent plus $500, court costs, reasonable attorney's fees if the conduct was willful, wanton or malicious, and declaratory relief, minus any rent or other sums the tenant owes.
Official code not freely readable online; text verified on a public code mirror (code year 2024, current as of March 28, 2024). Not retaliation: eviction or termination for rent delinquent when notice was given or suit filed, intentional damage or threats to safety, serious misconduct or criminal acts, or holding over after proper notice; building-wide or lease-clause rent increases for utilities, taxes or insurance. The landlord may also rebut by showing the property passed a code inspection within the prior 12 months. The Legislative Counsel's summaries of general statutes enacted in 2025 and 2026 list no amendment to this section.

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Rent Increases & Late Fees in Georgia

Rent control / increase limitsLocal rent control is preempted. No county or city may enact, maintain, or enforce any ordinance or resolution regulating the rent charged for privately owned single-family or multi-unit residential rental property. Exceptions: property the local government (or its authority) owns, and voluntary agreements with private persons that regulate rent. No statewide rent cap.
Official O.C.G.A. is published only via LexisNexis; text verified on a public mirror (code year 2024, current as of March 28, 2024 — older than 2025). Still in force: bills to repeal § 44-7-19 (HB 299, 2025; SB 106, withdrawn and recommitted 1/13/2026) and to cap rent increases (HB 707, HB 710, HB 1031) did not pass (legis.ga.gov, checked 2026-10-22). Handbook: rent may rise during a lease only if the lease allows; tenancy-at-will increases need 60 days' notice.
Late feesNo statutory cap or grace period identified. Georgia statutes treat late fees as charges a landlord may collect: they may be demanded in the 3-business-day pay-or-vacate notice and deducted from the security deposit.
No cap appears in the enrolled HB 404 text or the § 44-7-34 mirror text, and the DCA Handbook (rev. 8-29-24) lists 'late charges' only as a permitted deposit deduction (p. 15). This is an absence-of-statute finding: the whole of Title 44 Ch. 7 was not reviewed on an official source. Any limits would come from the lease and contract law. § 44-7-34 deduction list verified on a public mirror (code year 2024). The Legislative Counsel's summaries of general statutes enacted in 2025 and 2026 show no new late-fee law.

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Breaking a Lease in Georgia

Ending a lease: domestic violenceA tenant may end a residential lease when a civil family violence order, civil stalking order, criminal family violence order, or criminal stalking order has been issued protecting the tenant or the tenant's minor child (also available to a protected joint occupant). Give the landlord written notice with a copy of the order (plus a police report if the order is an ex parte temporary protective order); termination takes effect 30 days after notice. Tenant owes prorated rent to the effective date plus amounts already past due, but no other fees, rent or damages for the early termination; no damages if terminated 14+ days before move-in. Cannot be waived.
Official code published only via LexisNexis; text verified on a public mirror (code year 2024, current as of March 28, 2024). Consistent with DCA Handbook (rev. 8-29-24), p. 23.
Ending a lease: military, medical, deathService members (active duty in the regular or reserve armed forces, Coast Guard, or Georgia National Guard on federal orders of 90+ days) may end a lease on written notice effective at least 30 days after the landlord receives it, with a copy of orders or a commanding officer's verification, for: permanent change of station 35+ miles away; release from active/state active duty when the rental is 35+ miles from the home of record; orders to, or eligibility for, government quarters (if staying would forfeit housing allowance); temporary duty or state active-duty orders over 60 days to 35+ miles away; or changed orders before move-in. Prorated rent only; nothing if 14+ days before occupancy. If the service member dies on active duty, an adult immediate family member may terminate with a death certificate. Cannot be waived. No state statute for medical, senior, or tenant-death termination was located.
Official code published only via LexisNexis; text verified on a public mirror (code year 2024, current as of March 28, 2024).

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Squatters & Abandoned Property in Georgia

Squatters / unauthorized occupantsTwo tracks, both without a regular eviction. (1) Intruder affidavit: the owner (or agent/attorney) swears an affidavit that they claim possession in good faith and the named occupant does not, and gives it to the sheriff, deputy, constable, marshal or other POST-certified officer, who shows it to the occupant and removes them once 3 days have passed, unless the occupant tenders a counteraffidavit claiming a good-faith legal right to possession. A counteraffidavit sends the matter to a nonjury magistrate court trial; if the occupant's claim is not meritorious, removal follows by writ of possession, and the court may award fair-market rent for the occupancy. (2) Criminal 'unlawful squatting' (entering and residing on another's property without the owner's knowledge or consent): the person is cited and has 3 business days to present documentation (e.g., a lease or rent receipts) to the law enforcement agency or face arrest; if documents are produced, a hearing is held within 7 days, and fake or non-meritorious documents lead to removal, arrest and a fine based on fair-market monthly rent. Misdemeanor.
Verified from the enrolled HB 1017 text (AS PASSED HOUSE AND SENATE) on the Governor's signed-legislation page; effective on the Governor's approval (April 2024). SB 153 (2025 Code revision, effective July 1, 2025) made only wording changes to § 16-7-21.1 and §§ 44-11-30 to 44-11-33. Later bills to revise the squatting law (SB 184, 'Georgia Anti-Squatting Act of 2025'; HB 61, passed by the Senate as a substitute in 2026) were not enacted: neither appears in the Legislative Counsel's summaries of general statutes enacted in 2025 or 2026. The DCA Handbook (rev. 8-29-24), p. 3, summarizes the affidavit procedure.
Belongings left behindA writ of possession authorizes removing the tenant and the tenant's belongings; the property may be placed on the landlord's land or other property designated with the executing officer's approval (e.g., sidewalk or street). The landlord is not a bailee and owes the tenant no duty for the property, which is treated as abandoned once the writ is executed. No statutory storage period or sale notice for evicted tenants' belongings.
Official code not freely readable online; text verified on a public code mirror (code year 2024, current as of March 28, 2024). SB 153 (2025 Code revision) changed only wording in § 44-7-55(e) (writ execution by off-duty officers), not subsection (c) (https://gov.georgia.gov/document/2025-signed-legislation/sb-153/download). DCA Landlord-Tenant Handbook (rev. 8-29-24), p. 19, adds that the landlord must use reasonable care in removal and may be sued if it moves the property elsewhere or keeps it in the unit (https://dca.georgia.gov/document/manuals/georgia-landlord-tenant-handbook-english/download).

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Section 8, Records & Right to Counsel in Georgia

Section 8 / source of incomeNo statewide protection. Georgia's fair housing protected classes are race, color, religion, sex, national origin, familial status and disability; source of income (including vouchers) is not among them.
Some local ordinances may differ (not reviewed).
Eviction record sealingNo statute in effect yet. Beginning January 1, 2027, a court may, on motion and after a hearing, order all court records of a dispossessory (eviction) case made unavailable to the public if the tenant won the case, the tenant paid the judgment in full with interest and costs, or seven years have passed since a dismissal or judgment (with any judgment paid in full). The landlord may still pursue amounts owed in a separate action or through collections.
Enacted in 2026 as Act 715. Section 9 of the Act makes this provision effective January 1, 2027. Until then, Georgia has no eviction-record sealing statute.

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Mold, Pests, Heat & AC in Georgia

MoldNo statute — Georgia has no mold-specific landlord-tenant law (no mold disclosure or remediation standard). Mold is addressed under the landlord's general duty to keep the premises in repair and, since July 1, 2024, the implied term in every residential lease that the premises are fit for human habitation.
Section 44-7-13(b) (fit for human habitation) was added by the 2024 Safe at Home Act (HB 404), effective July 1, 2024. Local housing or property-maintenance codes may also apply. Georgia's separate flooding disclosure rule (§ 44-7-20) is not a mold rule.
Pests & bed bugsNo statute — Georgia law does not specifically assign pest or bed-bug treatment or require a bed-bug disclosure. Pest problems fall under the landlord's general repair duty and the fit-for-habitation requirement; the state handbook advises that leases spell out pest control, including how often it occurs.
Infestations caused by the tenant may be the tenant's responsibility under the lease. Local codes may set extermination duties.
HeatNo statewide statute sets a heat requirement, minimum temperature, or heating season. Under the general repair duty, the state handbook says landlords must keep electric, heating, cooling, and plumbing in working order.
Local housing codes (e.g., in larger cities and counties) may set minimum temperatures. During an eviction case it is illegal for a landlord to knowingly and willfully cut off utilities such as heat (handbook, p. 13).
Air conditioningNo statute requires landlords to provide air conditioning or sets a maximum indoor temperature. Where cooling equipment is provided, the state handbook says the landlord must keep it in working order as part of the repair duty.
Unless the lease says otherwise, a landlord who did not provide an appliance is generally not required to supply one, but must repair items it did provide (handbook, p. 11).

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Privacy, Guests & Animals in Georgia

Cameras & privacyNo landlord-specific statute. Georgia's criminal surveillance law makes it unlawful to use a device to observe, photograph, or record activities in a private place and out of public view without the consent of all persons observed, to secretly record private conversations originating in a private place, or to go onto another's premises to eavesdrop or secretly observe. An owner or occupier may use security devices on the property or its approaches only in areas where there is no reasonable expectation of privacy.
Official code not freely readable online; text verified on a public code mirror (code year 2024). Cameras inside a rented home that capture private activity without the occupants' consent risk violating this law; common-area or exterior security cameras are generally allowed.
Guests & occupantsNo statute — the lease governs guests, occupancy, and roommates. Whether a person is a tenant or only a guest depends on the agreement and the parties' conduct (e.g., paying rent, primary residence, belongings, length of stay). Leases commonly include house rules on guests.
Occupancy limits come from local codes and federal fair-housing standards. A tenant is responsible for damage caused by guests (§ 44-7-34(a)).
Service & support animals (state law)Georgia has no state statute specific to emotional support animals in housing (no state ESA documentation rule or ESA misrepresentation penalty identified). By statute, blind, visually or physically disabled, and deaf persons with a trained guide or service dog are entitled to full and equal access to housing and may not be charged extra for the dog, but are liable for damage it causes. Requests for ESAs and other assistance animals are handled under federal and state fair-housing reasonable-accommodation rules.
Official code not freely readable online; text verified on a public code mirror (code year 2024). The state handbook gives waiving a no-pet policy for a tenant who needs an assistive animal as an example of a reasonable accommodation.

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How eviction works in Georgia

Eviction cases are heard in: Magistrate Court of the county where the property is located (can also be filed in State or Superior Court).

  1. Demand for possession; for nonpayment, a notice to vacate or pay within 3 business days, posted in a sealed envelope on the door and delivered by any additional method in the lease (O.C.G.A. § 44-7-50(c)-(d))
  2. Landlord files a sworn dispossessory affidavit
  3. Summons served by sheriff/deputy, constable, or (since 7/1/2025) an approved process server: personal service, an adult resident, or post-and-mail the same day; tack-and-mail alone supports possession but not a money judgment if tenant defaults
  4. Tenant answers orally or in writing within 7 days of service (tendering all rent allegedly owed plus the cost of the dispossessory warrant within 7 days of service is a complete defense, which the landlord must accept only once in any 12-month period); if the case is not decided within 2 weeks, tenant must pay rent into court
  5. Hearing (usually within about 7 days if a valid defense is raised); judgment
  6. Writ of possession after 7 days; sheriff supervises removal and property is placed on landlord's land. Either party may appeal within 7 days; tenant must pay rent into court to stay in the unit

Answer due within 7 days of service (next business day if the 7th day falls on a weekend or holiday).

Source: O.C.G.A. §§ 44-7-50 (as amended by HB 404, 2024), 44-7-51(a) (as amended by HB 270, 2025 Eviction Service Act, Act 255); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 17-19

What surprises people about Georgia rental law

Federal law that also applies in Georgia

These federal rules apply on top of Georgia law, mostly to discrimination, servicemembers, survivors and federally assisted housing:

City rules in Georgia

These cities add their own tenant protections on top of state law:

Eviction by county in Georgia

Which court hears evictions, filing fees, local rent levels and help:

For landlords

How to evict a tenant in Georgia — steps, cost, timeline and forms.

Common Georgia questions

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How Georgia compares to neighboring states

Georgia vs. neighboring states
StateSecurity deposit limitDeposit return deadlineNotice for unpaid rent
Georgia2 months' rent. No landlord may demand or receive a security deposit that exceeds the equivalent of two months' rent.
O.C.G.A. § 44-7-30.1 (added by HB 404, 2024 Safe at Home Act, Act 392)
Within 30 days after the landlord obtains possession of the unit. The landlord complies by mailing the statement and any refund by first-class mail to the tenant's last known address. If the mailed refund is returned undeliverable and the tenant cannot be located after reasonable effort, it becomes the landlord's property 90 days after mailing.
O.C.G.A. § 44-7-34(a)
Before filing a dispossessory affidavit for unpaid rent, late fees, utilities, or other charges, the landlord must give the tenant a notice to vacate or pay all past-due amounts within three business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed upon in the rental agreement.
O.C.G.A. § 44-7-50(c), (d) (as amended by HB 404, 2024 Safe at Home Act, Act 392)
AlabamaOne month's periodic rent. Additional deposits are allowed only for pets, changes to the premises, or increased liability risks to the landlord or premises.
Ala. Code § 35-9A-201(a)
Within 60 days after the tenancy ends and the tenant gives up possession. The landlord mails the refund and/or itemized accounting by first-class mail to the forwarding address the tenant gave in writing, or to the last known address or the rental address if none was given.
Ala. Code § 35-9A-201(b)-(e)
Written notice to terminate that states the rent and any late fees owed. The rental agreement terminates on a date not less than 7 business days after the tenant receives the notice, unless the tenant pays (cures) within the 7 business days.
Ala. Code § 35-9A-421(b)
FloridaNo statutory cap on the amount of a security deposit.
Fla. Stat. § 83.49
15 days after the lease ends if the landlord makes no claim. If the landlord intends to keep any part, written notice of the claim must be sent within 30 days (certified mail to last known address, or e-mail under § 83.505); tenant then has 15 days to object, and the balance is due within 30 days of the notice.
Fla. Stat. § 83.49(3)(a)-(b)
3-day written notice to pay or vacate, excluding Saturdays, Sundays, and court-observed legal holidays, substantially in the statutory form.
Fla. Stat. § 83.56(3)
North Carolina2 weeks' rent (week-to-week tenancy); 1.5 months' rent (month-to-month); 2 months' rent (terms longer than month-to-month)
N.C. Gen. Stat. § 42-51(b)
30 days after the tenancy ends and possession is delivered. If the landlord's claim can't be determined in 30 days, an interim accounting is due in 30 days and a final accounting within 60 days.
N.C. Gen. Stat. § 42-52
If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice.
N.C. Gen. Stat. § 42-3; § 42-26(a)(2)
South CarolinaNo statutory cap on the amount of a security deposit.
S.C. Code § 27-40-410
30 days after termination of the tenancy and delivery of possession and demand by the tenant.
S.C. Code § 27-40-410(a)
If rent is unpaid and not paid within 5 days of the due date, the landlord may terminate after written notice of nonpayment and intent to terminate. If the written lease contains the statutory notice language in bold, conspicuous type, the lease itself serves as the notice.
S.C. Code § 27-40-710(B); § 27-37-10(B)
TennesseeNo statutory cap on the amount of a security deposit.
T.C.A. 66-28-301
No fixed number of days for returning the deposit. In URLTA counties, if the tenant leaves owing no rent and is due a refund, the landlord must send notice of the refund amount to the tenant's last known or reasonably determinable address. If the tenant does not respond within 60 days of that notice, the landlord may keep the deposit. Move-out inspection: on the move-out day or within 4 calendar days after it.
T.C.A. 66-28-301(b)(1)(A), (f)
14 days. URLTA counties: written notice that the lease will end unless the rent is paid within 14 days after the tenant receives the notice. The tenant can cure by paying. Notice may be waived only by a waiver in 12-point or larger bold type in the lease, and the 5-day late-fee grace period still applies. Non-URLTA counties: 14 days' notice for rent that is due and in arrears, upon demand. The lease does not end if the tenant pays before the date in the notice.
T.C.A. 66-28-505(a)(2), (b); 66-28-201(c); 66-7-109(a)

Georgia landlord-tenant FAQ

How much can a landlord charge for a security deposit in Georgia?
2 months' rent. No landlord may demand or receive a security deposit that exceeds the equivalent of two months' rent. (O.C.G.A. § 44-7-30.1 (added by HB 404, 2024 Safe at Home Act, Act 392))
How long does a landlord have to return a security deposit in Georgia?
Within 30 days after the landlord obtains possession of the unit. The landlord complies by mailing the statement and any refund by first-class mail to the tenant's last known address. If the mailed refund is returned undeliverable and the tenant cannot be located after reasonable effort, it becomes the landlord's property 90 days after mailing. (O.C.G.A. § 44-7-34(a))
Does a landlord have to pay interest on a security deposit in Georgia?
No statutory requirement to pay interest on security deposits identified. Deposits must be held in an escrow account used only for that purpose at a state- or federally regulated bank or lending institution (or covered by a surety bond under § 44-7-32), and the tenant must be told in writing where the escrow account is located. (O.C.G.A. § 44-7-31)
Does a landlord in Georgia have to give an itemized list of deposit deductions?
If any amount is kept, the landlord must give a written statement of the specific reasons within 30 days, with the itemized damage list if damage is claimed, and the balance due. No deduction for normal wear and tear. Landlords with more than 10 units or a fee-paid management agent must also give a move-in damage list and do a move-out inspection within 3 business days, giving the tenant a signed damage list; the tenant may inspect within 5 business days and sign or note disagreements. (O.C.G.A. §§ 44-7-33, 44-7-34)
What happens if a landlord in Georgia wrongfully keeps a security deposit?
Landlord who fails to return any part of a deposit required to be returned is liable for 3 times the amount improperly withheld plus reasonable attorney's fees, unless the landlord shows by a preponderance of the evidence that the withholding was unintentional and a bona fide error despite procedures reasonably adapted to avoid it (then only the amount withheld). Failing to keep the escrow/bond or provide the required damage lists forfeits the right to withhold any part of the deposit. These penalties do not apply to owners of 10 or fewer units without a fee-paid manager, who can still be sued for the amount, interest while withheld, attorney's fees, and filing costs. (O.C.G.A. §§ 44-7-35, 44-7-36; Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 15-16)
How much notice does a landlord have to give before evicting for unpaid rent in Georgia?
Before filing a dispossessory affidavit for unpaid rent, late fees, utilities, or other charges, the landlord must give the tenant a notice to vacate or pay all past-due amounts within three business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed upon in the rental agreement. (O.C.G.A. § 44-7-50(c), (d) (as amended by HB 404, 2024 Safe at Home Act, Act 392))
How much notice is required to evict for a lease violation in Georgia?
No statutory cure period. Landlord must demand possession before filing for eviction, and lease notice terms must be followed. For leases entered into or renewed on or after July 1, 2024, the demand for possession must be posted in a sealed envelope conspicuously on the door of the property and also delivered by any additional method agreed in the lease. (O.C.G.A. § 44-7-50(a), (d) (as amended by HB 404, 2024))
How much notice is needed to end a month-to-month lease in Georgia?
Tenancy at will (no written lease, or expired lease with landlord allowing the tenant to stay): landlord must give 60 days' notice; tenant must give 30 days' notice. Rent changes for a tenancy at will also require 60 days' notice (Handbook). (O.C.G.A. § 44-7-7; Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 13, 15)
Can a landlord enter without notice in Georgia?
No statute. Entry is governed by the lease; if the lease gives no right of entry, the tenant may refuse except in an emergency. (Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 12)
Is there a limit on late fees in Georgia?
No statutory cap or grace period identified. Georgia statutes treat late fees as charges a landlord may collect: they may be demanded in the 3-business-day pay-or-vacate notice and deducted from the security deposit. (O.C.G.A. § 44-7-50(c) (as amended by HB 404, 2024); O.C.G.A. § 44-7-34(a))
Can a tenant repair and deduct from rent in Georgia?
No repair-and-deduct statute identified. The DCA Handbook describes the practice: notify the landlord in writing before repairing, use a qualified professional at reasonable cost, keep estimates and receipts, and deduct from the next rent; not for common areas, and the landlord may dispute necessity or cost. (Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 11)
Can a tenant withhold rent for repairs in Georgia?
Not permitted as a general remedy; tenants generally must keep paying rent even if repairs are not made, or the landlord can begin eviction. (Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 11)
Can a landlord retaliate against a tenant for complaining in Georgia?
Landlord may not retaliate because a tenant, in good faith, asserted a lease or legal right, asked for repairs or used a remedy under the landlord-tenant chapter, complained to a housing or code enforcement agency or a utility about a condition the landlord must fix, or formed or joined a tenant organization about habitability. A tenant makes a prima facie case of retaliation if, within 3 months after the protected act, the landlord files for eviction (with exceptions), deprives the tenant of use of the premises, reduces services, raises rent, terminates the lease, or materially interferes with the tenant's lease rights. Retaliation is a defense to eviction. Remedy: a civil penalty of one month's rent plus $500, court costs, reasonable attorney's fees if the conduct was willful, wanton or malicious, and declaratory relief, minus any rent or other sums the tenant owes. (O.C.G.A. § 44-7-24)
Is there rent control or a limit on rent increases in Georgia?
Local rent control is preempted. No county or city may enact, maintain, or enforce any ordinance or resolution regulating the rent charged for privately owned single-family or multi-unit residential rental property. Exceptions: property the local government (or its authority) owns, and voluntary agreements with private persons that regulate rent. No statewide rent cap. (O.C.G.A. § 44-7-19)
Can a landlord change the locks or shut off utilities in Georgia?
Self-help eviction is illegal: landlord cannot remove a tenant or block access without the court dispossessory process. A landlord may not knowingly and willfully suspend a tenant's utility service before the final disposition of a dispossessory case the landlord has filed against that tenant; 'utilities' means cooling, heat, light, and water service. Violation is a crime punishable by a fine of up to $500. (O.C.G.A. § 44-7-14.1 (definition amended by HB 404, 2024); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 7, 12, 17)
What is the small claims court limit in Georgia for a deposit dispute?
$15,000 (Magistrate Court civil claims). Dispossessory (eviction) cases are heard in Magistrate Court regardless of amount. (O.C.G.A. § 15-10-2(a)(5), (a)(6))
How do you remove a squatter in Georgia?
Two tracks, both without a regular eviction. (1) Intruder affidavit: the owner (or agent/attorney) swears an affidavit that they claim possession in good faith and the named occupant does not, and gives it to the sheriff, deputy, constable, marshal or other POST-certified officer, who shows it to the occupant and removes them once 3 days have passed, unless the occupant tenders a counteraffidavit claiming a good-faith legal right to possession. A counteraffidavit sends the matter to a nonjury magistrate court trial; if the occupant's claim is not meritorious, removal follows by writ of possession, and the court may award fair-market rent for the occupancy. (2) Criminal 'unlawful squatting' (entering and residing on another's property without the owner's knowledge or consent): the person is cited and has 3 business days to present documentation (e.g., a lease or rent receipts) to the law enforcement agency or face arrest; if documents are produced, a hearing is held within 7 days, and fake or non-meritorious documents lead to removal, arrest and a fine based on fair-market monthly rent. Misdemeanor. (O.C.G.A. §§ 16-7-21.1; 44-11-30 to 44-11-33; 15-10-2(a)(18)-(19) (HB 1017, 2024 Georgia Squatter Reform Act))
What can a landlord do with a tenant's abandoned property in Georgia?
A writ of possession authorizes removing the tenant and the tenant's belongings; the property may be placed on the landlord's land or other property designated with the executing officer's approval (e.g., sidewalk or street). The landlord is not a bailee and owes the tenant no duty for the property, which is treated as abandoned once the writ is executed. No statutory storage period or sale notice for evicted tenants' belongings. (O.C.G.A. § 44-7-55(c))
Can a domestic violence survivor break a lease in Georgia?
A tenant may end a residential lease when a civil family violence order, civil stalking order, criminal family violence order, or criminal stalking order has been issued protecting the tenant or the tenant's minor child (also available to a protected joint occupant). Give the landlord written notice with a copy of the order (plus a police report if the order is an ex parte temporary protective order); termination takes effect 30 days after notice. Tenant owes prorated rent to the effective date plus amounts already past due, but no other fees, rent or damages for the early termination; no damages if terminated 14+ days before move-in. Cannot be waived. (O.C.G.A. § 44-7-23)
When can a tenant break a lease without penalty in Georgia?
Service members (active duty in the regular or reserve armed forces, Coast Guard, or Georgia National Guard on federal orders of 90+ days) may end a lease on written notice effective at least 30 days after the landlord receives it, with a copy of orders or a commanding officer's verification, for: permanent change of station 35+ miles away; release from active/state active duty when the rental is 35+ miles from the home of record; orders to, or eligibility for, government quarters (if staying would forfeit housing allowance); temporary duty or state active-duty orders over 60 days to 35+ miles away; or changed orders before move-in. Prorated rent only; nothing if 14+ days before occupancy. If the service member dies on active duty, an adult immediate family member may terminate with a death certificate. Cannot be waived. No state statute for medical, senior, or tenant-death termination was located. (O.C.G.A. § 44-7-22)
Can an eviction record be sealed or removed in Georgia?
No statute in effect yet. Beginning January 1, 2027, a court may, on motion and after a hearing, order all court records of a dispossessory (eviction) case made unavailable to the public if the tenant won the case, the tenant paid the judgment in full with interest and costs, or seven years have passed since a dismissal or judgment (with any judgment paid in full). The landlord may still pursue amounts owed in a separate action or through collections. (O.C.G.A. § 44-7-50(e) (added by SB 406, 2026, Act 715, § 8; effective January 1, 2027))
Can a landlord refuse Section 8 vouchers in Georgia?
No statewide protection. Georgia's fair housing protected classes are race, color, religion, sex, national origin, familial status and disability; source of income (including vouchers) is not among them. (Georgia Fair Housing Act, O.C.G.A. § 8-3-200 et seq. (as summarized in DCA Landlord-Tenant Handbook, rev. 8-29-24, p. 4))
What does a Georgia notice to pay rent or quit have to include?
Before filing a dispossessory affidavit for unpaid rent, late fees, utilities or other charges, the landlord must give a notice to vacate or pay all past-due rent, late fees, utilities and other charges owed within 3 business days. The notice must be posted in a sealed envelope conspicuously on the door of the property AND delivered by any additional method(s) agreed in the rental agreement. No statutory wording is prescribed. Public housing authorities may give it concurrently with the federal lease-termination notice in a separate writing. (O.C.G.A. § 44-7-50(b)-(d) (as amended by HB 404, 2024 Safe at Home Act))
What does a Georgia notice to end a month-to-month tenancy have to include?
Ending a tenancy at will requires 60 days' notice from the landlord or 30 days' notice from the tenant; the statute prescribes no wording. Before filing for possession, the landlord's demand for possession must be posted in a sealed envelope conspicuously on the door and delivered by any additional method agreed in the lease. (O.C.G.A. §§ 44-7-7; 44-7-50(a), (d) (as amended by HB 404, 2024))
What must a Georgia security deposit itemization include?
Within 30 days after the landlord obtains possession, a written statement of the specific reasons for keeping any part of the deposit, including the itemized move-out damage list if damage is claimed, with any refund due. Sent by first-class mail to the tenant's last known address; if returned undeliverable and the tenant cannot be found after reasonable effort, the deposit becomes the landlord's 90 days after mailing. No deduction for normal wear and tear. (O.C.G.A. § 44-7-34(a))
How long does a landlord have to sue for unpaid rent in Georgia?
6 years after the debt becomes due and payable for an action on a simple written contract, such as a written lease. 4 years for breach of a contract not signed by the party being sued (e.g., an oral lease), on an open account, or on an implied promise. (O.C.G.A. §§ 9-3-24, 9-3-25)
Can a landlord accept rent during an eviction in Georgia?
No statute on whether accepting rent after a notice waives the eviction — this is left to Georgia case law. The statute instead gives residential tenants a 'tender' defense: within 7 days after being served with a dispossessory summons for nonpayment, the tenant may pay all rent claimed plus the cost of the dispossessory warrant, and that is a complete defense. A landlord must accept this tender only once in any 12-month period. If the landlord wrongly refused the tender, the court orders payment within 3 days or a writ issues. (O.C.G.A. § 44-7-52)
Can you be evicted in the winter in Georgia?
No statute — Georgia's landlord-tenant law (O.C.G.A. Title 44, ch. 7) has no cold-weather or winter limit on evictions. (O.C.G.A. Title 44, Chapter 7)
Can a landlord give notice by text or email in Georgia?
For leases signed or renewed on or after July 1, 2024, the demand for possession and the new 3-business-day notice to vacate or pay must be posted in a sealed envelope conspicuously on the door of the property, AND delivered by any additional method(s) agreed to in the rental agreement (e.g., mail or e-mail, if the lease provides for it). After the landlord files, the court summons must be served personally by the sheriff or constable. If that fails, it may be left with a resident of legal age. If no one is found, it may be posted on the door and mailed first-class the same day. With posting-and-mail service, the court can award possession by default but not money. (O.C.G.A. § 44-7-50(c)-(d) (as amended by HB 404, 2024 'Safe at Home Act'); § 44-7-51)
How much notice is required for a rent increase in Georgia?
No statute — Georgia sets no specific advance-notice period for rent increases. A tenancy at will (no fixed term) ends only with 60 days' notice from the landlord (30 days from the tenant), so a landlord changing terms on a periodic or at-will tenancy generally must work within that notice. During a fixed-term lease, the rent is set by the lease. (O.C.G.A. § 44-7-7)
Does a landlord have to give a copy of the lease in Georgia?
No general statute requires giving the tenant a signed copy of the lease. Required disclosures: (1) at or before the tenancy starts, in writing, the names and addresses of the owner of record (or the person authorized to accept legal papers and notices) and of the property manager, with changes disclosed within 30 days (§ 44-7-3); (2) before signing a written lease, written notice of the property's tendency to flood if flooding damaged the living space at least 3 times in the past 5 years (§ 44-7-20). (O.C.G.A. §§ 44-7-3, 44-7-20)
Does a landlord have to fix mold in Georgia?
No statute — Georgia has no mold-specific landlord-tenant law (no mold disclosure or remediation standard). Mold is addressed under the landlord's general duty to keep the premises in repair and, since July 1, 2024, the implied term in every residential lease that the premises are fit for human habitation. (O.C.G.A. § 44-7-13(a), (b) (as amended by HB 404, 2024))
Who pays for pest control and bed bugs in Georgia?
No statute — Georgia law does not specifically assign pest or bed-bug treatment or require a bed-bug disclosure. Pest problems fall under the landlord's general repair duty and the fit-for-habitation requirement; the state handbook advises that leases spell out pest control, including how often it occurs. (O.C.G.A. § 44-7-13; Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 10)
Does a landlord have to provide heat in Georgia?
No statewide statute sets a heat requirement, minimum temperature, or heating season. Under the general repair duty, the state handbook says landlords must keep electric, heating, cooling, and plumbing in working order. (O.C.G.A. § 44-7-13; Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 11)
Does a landlord have to provide air conditioning in Georgia?
No statute requires landlords to provide air conditioning or sets a maximum indoor temperature. Where cooling equipment is provided, the state handbook says the landlord must keep it in working order as part of the repair duty. (O.C.G.A. § 44-7-13; Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 11)
What can a landlord deduct from a deposit for cleaning or damage in Georgia?
A landlord may not keep any part of the deposit for ordinary wear and tear from using the premises as intended, as long as there was no negligence, carelessness, accident, or abuse by the tenant, household members, invitees, or guests. Deductions are allowed for unpaid rent and late fees, abandonment, unpaid utilities, repair or cleaning the tenant contracted for with third parties, unpaid pet fees, and actual damages from the tenant's breach (with mitigation). The state handbook adds that repair charges should reflect the item's condition at move-in (e.g., the value of a ten-year-old carpet, not a new one) and must be reasonable, and that landlords generally are not responsible for carpet cleaning during the tenancy unless the lease says so. (O.C.G.A. § 44-7-34(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 11, 15)
Can a landlord put cameras in or around a rental in Georgia?
No landlord-specific statute. Georgia's criminal surveillance law makes it unlawful to use a device to observe, photograph, or record activities in a private place and out of public view without the consent of all persons observed, to secretly record private conversations originating in a private place, or to go onto another's premises to eavesdrop or secretly observe. An owner or occupier may use security devices on the property or its approaches only in areas where there is no reasonable expectation of privacy. (O.C.G.A. § 16-11-62(1)–(3))
Can a landlord limit guests or roommates in Georgia?
No statute — the lease governs guests, occupancy, and roommates. Whether a person is a tenant or only a guest depends on the agreement and the parties' conduct (e.g., paying rent, primary residence, belongings, length of stay). Leases commonly include house rules on guests. (Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 3, 9)
Can a landlord deny a service or emotional support animal in Georgia?
Georgia has no state statute specific to emotional support animals in housing (no state ESA documentation rule or ESA misrepresentation penalty identified). By statute, blind, visually or physically disabled, and deaf persons with a trained guide or service dog are entitled to full and equal access to housing and may not be charged extra for the dog, but are liable for damage it causes. Requests for ESAs and other assistance animals are handled under federal and state fair-housing reasonable-accommodation rules. (O.C.G.A. § 30-4-3; Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 4)

Official resources for Georgia

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.