Georgia Rental Laws
Georgia landlord-tenant law (Ga. Code Ann. §§ 44-7-1 to 44-7-81). Go to Title 44 – Property and then select Chapter 7 – Landlord and Tenant.
| Termination for Nonpayment Notice (Eviction Notice) | Landlord can give a Pay or Quit notice the next day after the rent is late. Georgia has no set time frame on how long the landlord has to wait before filing for eviction. 3-Day Notice is recommended. |
| Termination for Lease Violation Notice | No statute; Landlord can terminate with Unconditional Quit Notice |
| Small Claim Court Limit | Georgia Small Claim Court Limit is $15,000 |
| Handling Abandoned Property | Georgia Landlord-Tenant Act. Title 44, Chapter 7 |
| Penalty for Self-Help Eviction | Self-help eviction is not allowed; the court determines penalties. |
| Tenant Withholding Rent for Repairs | No statute |
| Required Disclosures | List of existing damages must be given to tenants before a security deposit is collected O.C.G.A. § 44-7-33; Propensity towards flooding disclosure O.C.G.A. § 44-7-33; Owner or Agent Identity O.C.G.A. § 44-7-3; Former Residents: Crime/Disease Disclosure O.C.G.A. § 44-1-16 |
| Non-Refundable Fees | No statute |
| Security Deposit Rules | Security deposit amount: no statute; List of existing damages must be given to tenants before a security deposit is collected O.C.G.A. § 44-7-33; Landlord with 10 or fewer units who self-manages does not need to supply a list with existing damages O.C.G.A. § 44-7-36 An escrow account required or security bond The landlord must inform tenants before deductions from the security deposit are made. Deadline to itemize and return deposit: One Month O.C.G.A. § 44-7-31;O.C.G.A. § 44-7-32;O.C.G.A. § 44-7-34;O.C.G.A. § 44-7-35; |
| Month-to-Month Notice | Tenant 30 Days Notice; Landlord 60 Days |
| Payment of Rent | No statute on late fees, grace period |
| Property Entry Notice | No statute |
Termination Notice
44-7-50. Demand for possession; procedure upon a tenant’s refusal; concurrent issuance of federal lease termination notice
(a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of the owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits.
(b) If issued by a public housing authority, the demand for possession required by subsection (a) of this Code section may be provided concurrently with the federally required notice of lease termination in a separate writing.
