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 limit | 2 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. |
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| 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. 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). Source: O.C.G.A. § 44-7-34(a) |
| Itemized 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. 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)). Source: O.C.G.A. §§ 44-7-33, 44-7-34 |
| Interest on deposits | 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. 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. Source: O.C.G.A. § 44-7-31 |
| Penalty for withholding | 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. 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 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. 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). |
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| Notice for lease violations | 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. § 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 shutoffs | 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. 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 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). 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 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. |
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Repairs & Habitability in Georgia
| Repair and deduct | 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. 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. |
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| Withholding rent | Not 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 protection | 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. 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. Source: O.C.G.A. § 44-7-24 |
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Rent Increases & Late Fees in Georgia
| 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. 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. Source: O.C.G.A. § 44-7-19 |
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| Late fees | 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. 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 violence | 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. 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. Source: O.C.G.A. § 44-7-23 |
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| Ending a lease: military, medical, death | 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. Official code published only via LexisNexis; text verified on a public mirror (code year 2024, current as of March 28, 2024). Source: O.C.G.A. § 44-7-22 |
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Squatters & Abandoned Property in Georgia
| Squatters / unauthorized occupants | 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. 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. |
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| Belongings left behind | 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. 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). Source: O.C.G.A. § 44-7-55(c) |
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Section 8, Records & Right to Counsel in Georgia
| Section 8 / source of income | 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. Some local ordinances may differ (not reviewed). |
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| Eviction record sealing | 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. 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
| Mold | 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. 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. |
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| Pests & bed bugs | 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. Infestations caused by the tenant may be the tenant's responsibility under the lease. Local codes may set extermination duties. |
| Heat | 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. 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 conditioning | 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. 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 & privacy | 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. 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. Source: O.C.G.A. § 16-11-62(1)–(3) |
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| Guests & occupants | 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. 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).
- 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))
- Landlord files a sworn dispossessory affidavit
- 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
- 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
- Hearing (usually within about 7 days if a valid defense is raised); judgment
- 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).
What surprises people about Georgia rental law
- Security deposits are capped at two months' rent for leases entered into or renewed on or after July 1, 2024 (O.C.G.A. § 44-7-30.1, HB 404 Safe at Home Act, legis.ga.gov)
- Every residential lease, oral or written, is deemed to promise the unit is 'fit for human habitation' (O.C.G.A. § 44-7-13(b), HB 404, legis.ga.gov)
- Georgia has no general rent withholding right; tenants who stop paying for repairs risk eviction (Georgia Landlord-Tenant Handbook, p. 11)
- Treble deposit damages do not apply to owners of 10 or fewer units who don't use a paid manager (O.C.G.A. §§ 44-7-35, 44-7-36, public mirror)
- Tenants can stop a nonpayment eviction by paying everything owed plus court costs within 7 days of service, but only once every 12 months (Georgia Landlord-Tenant Handbook, p. 17)
- Since July 1, 2025, an approved process server (not only the sheriff or constable) may serve the eviction summons (O.C.G.A. § 44-7-51(a), HB 270, legis.ga.gov)
- Since July 1, 2025, out-of-state owners of single-family or duplex rentals must use a Georgia-licensed broker, who must have at least one in-state person to handle tenant maintenance communications (O.C.G.A. § 44-7-25, HB 399, Act 315, legis.ga.gov)
- Default judgments cannot be appealed (Georgia Landlord-Tenant Handbook, p. 18 n.11)
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:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
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:
- Eviction in Fulton County (Atlanta)
- Eviction in DeKalb County (Decatur)
- Eviction in Gwinnett County (Lawrenceville)
- Eviction in Cobb County (Marietta)
- Eviction in Chatham County (Savannah)
- Eviction in Clayton County (Jonesboro)
- Eviction in Muscogee County (Columbus)
- Eviction in Richmond County (Augusta)
- Eviction in Clarke County (Athens)
- Eviction in Bibb County (Macon)
For landlords
How to evict a tenant in Georgia — steps, cost, timeline and forms.
Common Georgia questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Georgia compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| 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) | 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) |
| Alabama | One 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) |
| Florida | No 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 Carolina | 2 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 Carolina | No 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) |
| Tennessee | No 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?
How long does a landlord have to return a security deposit in Georgia?
Does a landlord have to pay interest on a security deposit in Georgia?
Does a landlord in Georgia have to give an itemized list of deposit deductions?
What happens if a landlord in Georgia wrongfully keeps a security deposit?
How much notice does a landlord have to give before evicting for unpaid rent in Georgia?
How much notice is required to evict for a lease violation in Georgia?
How much notice is needed to end a month-to-month lease in Georgia?
Can a landlord enter without notice in Georgia?
Is there a limit on late fees in Georgia?
Can a tenant repair and deduct from rent in Georgia?
Can a tenant withhold rent for repairs in Georgia?
Can a landlord retaliate against a tenant for complaining in Georgia?
Is there rent control or a limit on rent increases in Georgia?
Can a landlord change the locks or shut off utilities in Georgia?
What is the small claims court limit in Georgia for a deposit dispute?
How do you remove a squatter in Georgia?
What can a landlord do with a tenant's abandoned property in Georgia?
Can a domestic violence survivor break a lease in Georgia?
When can a tenant break a lease without penalty in Georgia?
Can an eviction record be sealed or removed in Georgia?
Can a landlord refuse Section 8 vouchers in Georgia?
What does a Georgia notice to pay rent or quit have to include?
What does a Georgia notice to end a month-to-month tenancy have to include?
What must a Georgia security deposit itemization include?
How long does a landlord have to sue for unpaid rent in Georgia?
Can a landlord accept rent during an eviction in Georgia?
Can you be evicted in the winter in Georgia?
Can a landlord give notice by text or email in Georgia?
How much notice is required for a rent increase in Georgia?
Does a landlord have to give a copy of the lease in Georgia?
Does a landlord have to fix mold in Georgia?
Who pays for pest control and bed bugs in Georgia?
Does a landlord have to provide heat in Georgia?
Does a landlord have to provide air conditioning in Georgia?
What can a landlord deduct from a deposit for cleaning or damage in Georgia?
Can a landlord put cameras in or around a rental in Georgia?
Can a landlord limit guests or roommates in Georgia?
Can a landlord deny a service or emotional support animal in Georgia?
Official resources for Georgia
- Georgia DCA Landlord-Tenant Handbook page
- Georgia Landlord-Tenant Handbook (PDF, rev. 8-29-24)
- HB 404 (2024 Safe at Home Act), Georgia General Assembly
- HB 270 (2025 Eviction Service Act), Georgia General Assembly
- Georgia Courts: Council of Magistrate Court Clerks
- Georgia AG Consumer Protection: Landlord-Tenant Issues
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.