Atlanta Landlord-Tenant Rules
Atlanta adds local rules on top of Georgia landlord-tenant law. Here is what is different, with the city code or agency page behind each rule.
| State preemption | Georgia bars cities and counties from regulating the rent charged for privately owned residential property, so Atlanta cannot adopt rent control. Apart from its fair-housing rules and a security-deposit alternatives rule (below), Atlanta has no general local landlord-tenant ordinance; Georgia law (see the Georgia page) governs deposits, notices, repairs and evictions. Rent-control preemption is documented on the Georgia state page. The official O.C.G.A. is not freely available online and was not re-loaded for this city page. Source: O.C.G.A. § 44-7-19 (rent control preemption) |
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| Local fair housing (source of income) | Atlanta's fair housing ordinance makes it unlawful to refuse to rent to someone because of their source of income, or to refuse to consider any source of income in the same way as wage income. Source of income means any lawful, verifiable income or housing assistance paid to or for a renter, including wages, child support, disability benefits, and housing choice vouchers or any other rent subsidy or rent assistance program and its program requirements. Ads and statements showing a source-of-income preference are also barred. Exemptions include a private owner of no more than three single-family homes who rents without a broker or discriminatory advertising, and rooms or units in an owner-occupied building with no more than four families. A complaint may be filed with the city within 180 days (through the Mayor's Office of Constituent Services, for the Human Relations Commission), or the person may seek prosecution in Atlanta Municipal Court. Source-of-income protection was added by Ordinance 20-O-1155 in February 2020. Whether it is limited by Georgia's Fair Housing Act (O.C.G.A. § 8-3-200 et seq.) has not been addressed by any court decision found. |
| Security deposit alternatives | Landlords who own or control more than 10 rental units and require a security deposit of more than 60% of one month's rent must, if the tenant asks, accept one of two alternatives instead: rental security insurance from a Georgia-licensed insurer (approved by the landlord, payable monthly, with per-claim coverage at least equal to the deposit), or payment of the deposit in at least three equal monthly installments due with the rent. Before signing a lease that requires such a deposit, the landlord must give the tenant written notice of these alternatives. The rule does not apply to a deposit paid to hold a unit more than 60 days before the rental starts, and landlords may still apply normal credit and income standards. Applies only to dwelling units in the City of Atlanta. Georgia's security-deposit statute (O.C.G.A. § 44-7-30 et seq.) still governs the return of deposits; see the Georgia page. |
| Rental registration/inspection | No Atlanta rental registration or routine rental inspection program was verified. The ATL311 housing service index lists Section 8 unit repairs, building complaints and a Short Term Rental Program, but no long-term rental registry. Source: Official source |
| Habitability/code enforcement & complaint line | Housing code and property maintenance complaints in Atlanta go through ATL311: call 3-1-1 or 404-546-0311 (Monday to Friday, 7 a.m. to midnight), email atl311@atlantaga.gov, or use the ATL311 app. The ATL311 service index lists Code Enforcement under Public Safety and a 'File a Building Complaint' article under Housing, Buildings and Construction. The individual ATL311 articles load by JavaScript and could not be read. Source: Official source |
| Eviction help at court | The Fulton County Magistrate Court's Housing Court Assistance Center is a free walk-in legal clinic in the Fulton County Courthouse (185 Shirley C. Franklin Blvd., Room TG-100, and the Justice Resource Center on the 7th floor). Tenants meet with an attorney who explains procedures and options and makes referrals. Walk-in hours are Monday to Wednesday 9:00-11:30 a.m. and 1:00-3:30 p.m., and Friday 9:00-11:30 a.m. and 1:00-3:30 p.m. Sponsors are Georgia State University College of Law, Lawyers for Equal Justice and the Atlanta Volunteer Lawyers Foundation. The court also runs the R.E.A.C.H. self-help clinic and mediation services. For rental assistance, the court refers tenants to 211. AVLF's page lists slightly different hours (until 12:00 and 4:00) and the older street name 'Central Avenue SW'. AVLF notes a tenant has 7 days after service to answer an eviction in Fulton County. Source: Official source |
| Tenant legal counsel / eviction diversion | The City of Atlanta's Eviction Diversion Program with Star-C, which gave rental help to low-income families at risk of eviction, has concluded, according to the City's Housing Help Center. The Housing Help Center (2 Peachtree Street, first floor; (404) 492-7640; by appointment through its intake form or 311) is the City's housing resource office: it connects residents with rental and utility assistance, legal aid, eviction-prevention programs and code-enforcement help, with personal help prioritized for households at or below 60% of area median income. For legal help with an eviction in Fulton County, the Atlanta Volunteer Lawyers Foundation offers free help to qualified tenants: walk in at the Housing Court Assistance Center, use its online intake form, or call (404) 521-0790. The City has funded eviction legal help through AVLF in the past, but no current official page describing a city legal-counsel program, its eligibility or its funding was found. This is not a guaranteed right to counsel. AVLF eviction help: https://avlf.org/get-help/evictions/ Source: Official source |
Eviction cases in Atlanta are heard in: Magistrate Court of Fulton County, Civil Division (dispossessory actions); DeKalb County Magistrate Court for the DeKalb portion of Atlanta
Eviction court, fees and help
Right to a lawyer in eviction cases
No guaranteed right to counsel. Free eviction legal help for qualified Fulton County tenants is available through AVLF; no current City legal-counsel program page was found. Official source
Local agencies
- ATL311 — City service requests, including code enforcement and building complaints. 3-1-1 or 404-546-0311.
- City of Atlanta Housing Help Center — City-run housing resource office: referrals for rental and utility assistance, legal aid, eviction prevention and code complaints. (404) 492-7640; 2 Peachtree St., first floor.
- Fulton County Magistrate Court, Housing Court Assistance Center — Free walk-in attorney consultations for tenants facing eviction.
- Atlanta Volunteer Lawyers Foundation (AVLF) — Free legal help for qualified tenants facing eviction in Fulton County and with poor conditions or deposit disputes. (404) 521-0790.
- Atlanta Legal Aid Society — Free civil legal services for low-income residents of metro Atlanta.
Frequently asked questions
What landlord-tenant rules does Atlanta add on top of Georgia law?
State preemption: Georgia bars cities and counties from regulating the rent charged for privately owned residential property, so Atlanta cannot adopt rent control. Apart from its fair-housing rules and a security-deposit alternatives rule (below), Atlanta has no general local landlord-tenant ordinance; Georgia law (see the Georgia page) governs deposits, notices, repairs and evictions.; Local fair housing (source of income): Atlanta's fair housing ordinance makes it unlawful to refuse to rent to someone because of their source of income, or to refuse to consider any source of income in the same way as wage income. Source of income means any lawful, verifiable income or housing assistance paid to or for a renter, including wages, child support, disability benefits, and housing choice vouchers or any other rent subsidy or rent assistance program and its program requirements. Ads and statements showing a source-of-income preference are also barred. Exemptions include a private owner of no more than three single-family homes who rents without a broker or discriminatory advertising, and rooms or units in an owner-occupied building with no more than four families. A complaint may be filed with the city within 180 days (through the Mayor's Office of Constituent Services, for the Human Relations Commission), or the person may seek prosecution in Atlanta Municipal Court.; Security deposit alternatives: Landlords who own or control more than 10 rental units and require a security deposit of more than 60% of one month's rent must, if the tenant asks, accept one of two alternatives instead: rental security insurance from a Georgia-licensed insurer (approved by the landlord, payable monthly, with per-claim coverage at least equal to the deposit), or payment of the deposit in at least three equal monthly installments due with the rent. Before signing a lease that requires such a deposit, the landlord must give the tenant written notice of these alternatives. The rule does not apply to a deposit paid to hold a unit more than 60 days before the rental starts, and landlords may still apply normal credit and income standards.; Rental registration/inspection: No Atlanta rental registration or routine rental inspection program was verified.
← All Georgia landlord-tenant rules
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.