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State Reference Guide · South

Georgia
Tenant Rights.

This guide provides a detailed overview of the rights and responsibilities of tenants in the State of Georgia. Georgia law (Title 44, Chapter 7 of the Official Code of Georgia Annotated) governs these relationships.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

What rights do tenants have in Georgia?

Tenants in Georgia are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Georgia sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Security Deposits

Georgia law strictly regulates how security deposits are handled and, as of July 1, 2024, limits the total amount a landlord may request.

Maximum Limit
For residential lease agreements, a landlord may not charge a security deposit that exceeds the equivalent of two months' rent (O.C.G.A. § 44-7-30.1).
Escrow Requirements
Landlords who own more than 10 units, or who use a third-party management company, must place security deposits in a dedicated escrow account used only for that purpose. They must notify the tenant in writing of the location of this account (O.C.G.A. § 44-7-31).
Move-In Inspection
Before accepting a deposit, the landlord must provide the tenant with a list of all existing damage to the unit. The tenant has the right to inspect the unit to confirm the accuracy of this list (O.C.G.A. § 44-7-33).
Return Deadline
Landlords must return the security deposit within 30 days after the lease ends and the tenant moves out (O.C.G.A. § 44-7-34).
Itemization
If any portion of the deposit is kept for damages (excluding "ordinary wear and tear"), the landlord must provide an itemized list of charges and the remaining balance within the same 30-day window.
Penalties
If a landlord intentionally fails to return a deposit or provide the required list, they may be liable to the tenant for three times (treble) the amount withheld, plus reasonable attorney's fees (O.C.G.A. § 44-7-35).
02
NOTICE

Eviction Procedures

Georgia's eviction process (called "dispossessory proceedings") follows specific statutory timelines to ensure due process.

Demand for Possession
Under the "Safe at Home Act," if rent is late, the landlord must provide the tenant with a 3-business-day written notice to vacate or pay the owed rent. This notice must be provided before the landlord can file a dispossessory affidavit in court (O.C.G.A. § 44-7-50(c)).
The Answer
Once the court serves the tenant with a summons, the tenant has exactly 7 days to file a written "Answer" with the court. If no answer is filed, the landlord wins by default.
The "Tender" Defense
For nonpayment of rent, a tenant has a legal right to stop an eviction once every 12 months by paying all rent owed plus court costs within 7 days of being served with the summons (O.C.G.A. § 44-7-52).
No Self-Help
It is illegal for a landlord to change the locks, shut off utilities, or remove a tenant's belongings without a court-ordered eviction.
03
NOTICE

Notice to Terminate Lease

For month-to-month tenancies (tenancies at will), Georgia law requires specific notice periods:

Landlord to Tenant
60 days' notice to terminate.
Tenant to Landlord
30 days' notice to terminate (O.C.G.A. § 44-7-7).
04
NOTICE

Landlord Entry

Notice Period
Georgia has no state statute requiring a landlord to give 24 or 48 hours' notice before entering.
Lease Control
Access is almost entirely governed by the terms of your written lease. Most leases specify that the landlord can enter for repairs, inspections, or emergencies. If the lease is silent, the landlord generally should only enter for necessary repairs or emergencies.
05
MONEY

Rent Control and Increases

Rent Control
Georgia law strictly prohibits cities or counties from implementing rent control. The state preempts all local rent regulation (O.C.G.A. § 44-7-19).
Increases
There is no limit on how much a landlord can increase rent at the end of a lease term, provided they give proper notice (usually 60 days for month-to-month tenants).
06
SAFETY

Habitability and Repairs

Landlord Duty
Landlords are required to keep the premises in repair and are liable for damages arising from defective construction or failure to repair (O.C.G.A. § 44-7-13).
Repair and Deduct
Georgia law does not have a specific statute for "repair and deduct," but Georgia courts have recognized this right. If a landlord fails to make repairs after receiving written notice, a tenant may hire a professional to fix the issue and deduct the reasonable cost from the rent. - Warning: This is risky. Tenants should always provide written notice first and keep all receipts. If a court later finds the repair was unnecessary or the cost was unreasonable, the tenant could face eviction for nonpayment.
07
SAFETY

Retaliation Protections

As of 2019, Georgia provides specific protections against landlord retaliation (O.C.G.A. § 44-7-24).

  • A landlord cannot evict you, decrease services, or increase rent because you:Complied with the lease or law.Reported building/housing code violations to the government.Joined a tenant's rights organization.
  • Presumption: If a landlord takes negative action within 3 months of a tenant’s protected activity, it is often presumed to be retaliatory.
08
LEASE

Lease Requirements and Disclosures

Written vs. Oral
Leases for more than one year must be in writing to be enforceable.
Owner Identity
The landlord must disclose the name and address of the property owner or the person authorized to act on the owner’s behalf for legal purposes (O.C.G.A. § 44-7-3).
Flooding Disclosure
If the living space has been flooded at least three times in the last five years, the landlord must disclose this in writing before the lease is signed (O.C.G.A. § 44-7-20).
Death/Crime on Property
Georgia law does not require a landlord to volunteer information about a death or a felony that occurred on the property. However, if a tenant asks directly, the landlord must answer truthfully (O.C.G.A. § 44-1-16).
Cities with local protections

These Georgia cities layer extra tenant protections on top of state law: Acworth, Albany, Alpharetta, Athens, Atlanta, Augusta, Bonaire, Brookhaven, Brunswick, Carrollton, Chamblee, Clarkston, Columbus, Covington, Dahlonega, Dallas, Dalton, Dawsonville, Decatur, Douglasville, Dublin, Duluth, Dunwoody, Ellenwood, Evans, Gainesville, Kathleen, Kennesaw, Lake City, Lawrenceville, Lithia Springs, Macon, Macon Bibb, Marietta, Mcdonough, Milledgeville, Morrow, Norcross, Oakwood, Oxford, Peachtree Corners, Pooler, Port Wentworth, Rome, Roswell, Saint Marys, Sandy Springs, Savannah, Smyrna, Statesboro, Stockbridge, Thunderbolt, Tifton, Tucker, Valdosta, Warner Robins, Woodstock.

Common Questions

Frequently Asked

Security deposit limits in Georgia are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Georgia statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

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