Georgia Property Management Laws & Landlord-Tenant Laws

Georgia's property management laws equip landlords and property managers with the necessary knowledge to provide safe housing. However, these laws can be complex, especially when dealing with properties in multiple states. This guide offers a concise overview of Georgia's property laws, addressing common queries of landlords and tenants. It references the Official Code of Georgia's statutes as of the 2019 Regular Session of the General Assembly and provides additional resources for deeper understanding. This information is essential for anyone managing property in Georgia to understand their obligations. 

Key Georgia laws that landlords, tenants and property managers should be aware of:

• Landlords can charge non-refundable application fees and request information about potential tenants' employment, credit, and criminal records (44-7-1).
• It is unlawful to reject a tenant based on race, religion, color, sex, disability, family status, or national origin (8-3-203).
• Security deposits have no state-level limit and must be held in an escrow account or a surety bond posted in the same county (44-7-30).
• Landlords have 30 days to return the security deposit after a tenant's departure and must provide a list of damages within three business days (44-7-30).
• Lease termination provisions must be agreed upon by both tenant and landlord. Service members and victims of domestic violence can terminate leases with 30 days’ written notice under specific conditions (44-7-22, 44-7-23).
• Landlords can increase rent per a valid lease agreement or with a 60-day notice for tenants-at-will. Late fees should be clarified in the lease agreement (44-7-19).
• Landlords must provide written notice of the names and addresses of the property owner, authorized agent and property manager upon commencement of occupancy (44-7-3).
• Landlords are required to maintain a safe, habitable property, provide utilities, and are liable for damages due to neglect (44-7-14).
• Landlords and property managers are obligated to keep rental properties in good condition, respond to maintenance requests in a reasonable time frame, and cannot suspend utilities while the property is occupied (44-7-13, 44-7-14.1).

Georgia Rental Application Laws

According to the Georgia Landlord and Tenant code (44-7-1), landlords can charge non-refundable application fees separate from security deposits. They also have the right to request information about potential tenants' employment, credit, and criminal records. However, under Georgia Fair Housing Law (8-3-203), it is unlawful to reject a tenant based on race, religion, color, sex, disability, family status, or national origin. Age can be a limiting factor for rentals, but only to support senior housing initiatives as per the provisions of the state code (8-3-205). 

Georgia Security Deposit Laws

In Georgia, landlords can charge move-in fees without a set limit. Security deposits also have no state-level limit, but local laws may dictate specific amounts. Landlords must hold security deposits in an escrow account at a state-regulated or federal bank, and inform the tenant of the account's location in writing. Alternatively, a surety bond can be posted in the same county. This rule excludes landlords who, along with their spouse or minor children, own and manage 10 or fewer rental units.

Upon a tenant's departure, the landlord has 30 days to return the security deposit. Within three business days of the tenant's departure, landlords must inspect the property and create a list of damages. Tenants have five business days to review and agree to these damages, which are then deducted from the security deposit. If the tenant disputes the damages, they can take legal action.

If a landlord wrongfully withholds part of the security deposit, they may be liable to pay the tenant three times the withheld amount plus any legal fees. However, if the withholding was a mistake, the landlord only needs to return the withheld amount.

In cases where the landlord has made reasonable efforts to return the security deposit but fails due to the tenant's unresponsiveness, the tenant forfeits the deposit 90 days after the attempted return. 

Georgia Laws About Leases and Lease Termination

In Georgia, the length of a lease term is not dictated by law, but provisions for termination must be agreed upon by both tenant and landlord. Lease violations, such as criminal activity, property damage, or refusal to allow landlord entry, may result in lease termination or eviction.

For month-to-month lease terminations, landlords are required to give 60 days’ notice, while tenants must provide 30 days’ notice (44-7-7). Term leases can only be terminated without penalty with the landlord’s written authorization. However, if a tenant terminates a lease early without permission, they are still responsible for rent payments until the end of the lease term.

Service members are permitted to terminate leases with 30 days’ written notice under specific conditions, such as relocation orders or loss of housing allowance (44-7-22). Victims of domestic violence are also granted lease termination relief with 30 days’ notice (44-7-23).

Evictions in Georgia must follow the court dispossessory process (44-7-50) with valid reasons including non-payment of rent or failure to vacate at the end of a lease. Finally, while no specific notice period is outlined for property changes resulting in lease termination, landlords are obligated to keep premises in repair (44-7-13, 44-7-24). 

Laws About Rent and Late Fees in Georgia

In Georgia, landlords can increase rent per a valid lease agreement or with a 60-day notice for tenants-at-will. There's no state-imposed limit on rent charges, and local rent control laws are prohibited. However, landlords renting to Section 8 voucher holders must comply with HUD's Fair Market Rents. Regarding late fees, no state laws dictate grace periods or maximum charges for tardy payments. Such details should be clarified in the lease agreement. 

Legally Required Disclosures in Georgia

In Georgia, landlords, agents, or property managers are legally obligated to provide tenants with written notice of the names and addresses of the property owner, authorized agent and property manager upon commencement of occupancy. Any changes to this information must be communicated within 30 days. An owner or landlord can appoint an agent to serve and receive disclosures on their behalf.

While there is no specific requirement to disclose mold concentrations, landlords must meet health and safety standards, failure of which may result in constructive eviction. Landlords are also required to provide tenants with the EPA-approved Protect Your Family from Lead in Your Home pamphlet and adhere to lead paint abatement processes. Additionally, the landlord must disclose any information related to the rental unit's propensity for flooding. 

Laws About Landlord Responsibilities in Georgia

In Georgia, the state's Landlord and Tenant Code does not stipulate specific rules regarding landlord access to the rental property, instead, these are typically defined in the rental agreement. Tenants can legally refuse entry unless otherwise stated in the lease. Landlords are obliged to maintain a safe, habitable property, and are liable for damages due to neglect (44-7-14). While there are no specific provisions for amenities, any existing must be kept in a safe state of repair (44-7-13). Landlords are also required to provide utilities including water, heat, and lights (44-7-14.1), and are prohibited from suspending these services while the property is occupied. There is no requirement for landlords to provide a certificate of inspection, though other disclosure laws may apply. Locks and keys are not specifically addressed at the state level, but local laws may apply, and lease agreements often cover this issue. The code does not specifically address retaliatory acts, but it does protect the interests of both parties. 

Georgia Property Maintenance and Repair Laws

Landlords and property managers are legally obligated to keep rental properties, including common areas, in good condition. This includes ensuring the building is structurally sound and that heating, plumbing, and electrical systems are functional. If a tenant submits a maintenance request, the landlord must respond and complete necessary repairs within a reasonable time frame, depending on the severity and nature of the issue.

Tenants, on the other hand, are responsible for maintaining the rental unit in the same condition as when they moved in, barring normal wear and tear. They should not make significant alterations or changes without written consent from the landlord. Damage caused by tenants is not the landlord's responsibility, hence the recommendation for tenants to have renters insurance.

In cases where the rental unit's value diminishes, there are no specific state laws in Georgia that mandate a reduction or return of rent, but local or federal laws may apply. If a landlord fails to uphold lease terms and the property becomes unsafe, tenants may invoke constructive eviction laws to terminate the lease early.

Through Georgia's Repair-and-Deduct program, tenants can hire a licensed technician to make necessary repairs if the landlord does not address them in a reasonable time after written notice. The cost can then be deducted from future rent.

Relocation assistance may be provided by landlords under specific circumstances as per Georgia law or other local or federal legislation.

There are special provisions for service members, including regular and reserve members of the U.S. armed forces, Coast Guard, and Georgia National Guard, allowing them to terminate leases under certain conditions. Landlords of short-term rentals, such as loft and studio apartments rented for less than 100 days, are exempt from lead hazard disclosure. 

Bottom Line

Georgia's property management laws provide a comprehensive framework for landlords and tenants, ensuring safe, fair, and respectful rental experiences. These laws cover a range of topics from rental applications, security deposits, lease terminations, rent and late fees, disclosures, landlord responsibilities, and property maintenance. It's crucial for anyone managing property in Georgia to understand these laws to ensure they meet their obligations and protect their interests. It's also important for tenants to be aware of these laws to safeguard their rights. As these laws can be complex, seeking legal advice may be beneficial for both parties.