Georgia landlord-tenant laws live in Title 44, Chapter 7 of the Official Code of Georgia, and they set the ground rules for how a rental begins, how rent and deposits are handled, who’s responsible for repairs, and how a landlord must go to court to remove a tenant.1Justia. Georgia Code Title 44, Chapter 7 – Landlord and Tenant Both residential and commercial rentals fall under the same chapter, though some protections (like the security deposit return rules and military termination rights) apply only to residential tenants.
Starting and Ending a Tenancy
A rental in Georgia can be created by a written lease or, for terms under one year, by an oral agreement. For any lease shorter than five years, the tenant gets only a right to use the property, not an ownership interest, unless the written contract says otherwise.2Justia. Georgia Code 44-7-1 – Creation of Landlord and Tenant Relationship; Rights of Tenant; Construction of Lease for Less Than Five Years A tenant cannot sublet or assign the lease without the landlord’s written permission.
If no end date is set, the arrangement is a tenancy at will.3Justia. Georgia Code 44-7-6 – Tenancy at Will – Creation When No Time Period Specified To end it, a landlord must give at least 60 days’ written notice. A tenant must give at least 30 days.4Justia. Georgia Code 44-7-7 – Tenancy at Will – Notice to Terminate These notice periods are set by statute, so a lease or oral agreement cannot shorten them.
Rent, Late Fees, and Increases
Georgia does not cap late fees and does not provide a statutory grace period. Rent is due on the date the lease specifies, and a landlord can pursue a late fee the next day. But a late fee is only enforceable if the lease expressly allows it. A silent lease gives the landlord no authority to add one.
Rent cannot be raised mid-lease. The rate is locked in for the full term. For a month-to-month tenancy, the landlord must give 60 days’ written notice before any increase takes effect, stating the new amount and the date it begins.
Security Deposits
Landlords who manage more than ten rental units, or who use a property management company, must place each deposit in an escrow account at a regulated bank set aside solely for tenant deposits.5Justia. Georgia Code 44-7-31 – Placement of Security Deposit in Trust in Escrow Account; Notice to Tenant of Account Location A surety bond posted with the clerk of the superior court in the county where the property sits is an acceptable alternative. Landlords who self-manage ten or fewer units are exempt from the escrow and bonding rules, though every other deposit obligation still applies.
Before taking the deposit, the landlord must give the tenant a written list of all existing damage in the unit. The tenant has the right to inspect the property and sign off on that list. The move-in checklist becomes the baseline for any deduction later, so tenants should read it carefully and note disagreements in writing.
Return Deadline and the Bad-Faith Penalty
Once the tenant moves out, the landlord has 30 days to return the deposit.6Justia. Georgia Code 44-7-34 – Return of Security Deposit; Grounds for Retention of Part; Delivery of Statement and Sum Due to Tenant Any amount withheld has to be itemized in writing, with the dollar figure for each deduction. Lawful reasons to keep part of the deposit are limited to unpaid rent, unpaid late fees spelled out in the lease, and physical damage beyond normal wear and tear. Scuffed baseboards, minor carpet wear, and faded paint are the landlord’s cost of doing business, not grounds for a deduction.
A landlord who acts in bad faith by ignoring these procedures can be ordered to pay up to three times the wrongfully withheld amount, plus the tenant’s court costs and attorney fees.
Repairs and Habitability
Georgia landlords have a statutory duty to keep the rental property in repair, covering structural issues, plumbing, heating, electrical systems, and other conditions that affect livability.7Justia. Georgia Code 44-7-13 – Landlord’s Duties as to Repairs and Improvements The duty is triggered by notice from the tenant; a landlord can’t fix what they don’t know about. Once notified, the landlord has a reasonable time to respond, measured against the seriousness of the problem. A broken furnace in January demands faster action than a slow-draining bathtub in July.
Georgia has no statutory “repair and deduct” remedy. A tenant who fixes something and subtracts the cost from rent is withholding rent without clear legal authority and risks an eviction filing for nonpayment, even when the underlying complaint is legitimate. The safer path is to document the problem in writing, give the landlord a reasonable deadline, and pursue court remedies if the landlord refuses to act.
Injury Liability
When a defective condition at the property causes someone to be hurt, the landlord can be held liable. Under O.C.G.A. § 44-7-14, a landlord who has handed over possession is generally not responsible for injuries caused by the tenant’s own negligence, but remains on the hook for harm from defective construction or failure to keep the property in repair.8Justia. Georgia Code 44-7-14 – Tort Liability of Landlord That liability reaches visitors and other third parties, not just the tenant.
Retaliation Is Prohibited
Under O.C.G.A. § 44-7-24, a landlord cannot retaliate against a tenant for complaining about unsafe conditions or reporting code violations to a government agency. Retaliation can take the form of a rent increase, a cut in services, a refusal to renew, or an eviction filed without real cause.
The tenant carries the burden of proving retaliation, and timing is the strongest evidence. A rent increase or eviction notice that lands within days of a building-inspector complaint looks very different from one that comes six months later. Keep written records of every complaint, when it was made, and who received it. A landlord can still evict for genuine reasons — nonpayment, property destruction, or lease violations — even if a complaint was recent. The retaliation defense works only when the stated reason falls apart under scrutiny.
How Evictions Work in Georgia
A Georgia landlord cannot change the locks, remove belongings, or shut off utilities to force a tenant out. Every eviction has to run through the dispossessory process in Article 3 of Chapter 7. It starts with the landlord demanding that the tenant surrender possession.9Justia. Georgia Code 44-7-50 – Demand for Possession; Procedure Upon a Tenant’s Refusal; Notice to Vacate or Pay If the tenant refuses or stays put, the landlord can immediately go before a magistrate, state court judge, or court clerk and file a sworn affidavit laying out the facts.
The Seven-Day Answer
After the affidavit is filed and served, the tenant has seven days to file a written answer with the court. That answer is where defenses are raised — rent was actually paid, the landlord failed to maintain the property, the eviction is retaliatory. Miss the seven-day window and the court can enter a default judgment and issue a writ of possession with no hearing at all.
When the tenant does answer, a hearing is set and a judge weighs evidence from both sides. Tenants who show up with receipts, photos, and written correspondence do far better than those relying on verbal claims.
Writ of Possession and the Ban on Self-Help
A writ of possession is the court order that authorizes the sheriff to remove the tenant and their belongings. Filing fees in Georgia typically run between $53 and $75, plus a service fee of around $25 per defendant, paid by the landlord upfront and recoverable through the judgment.10Fulton County Magistrate Court. Filing Fees11Cobb County Georgia. Magistrate Court Fees and Forms
A landlord who padlocks the door, hauls out belongings, or cuts the water is exposed to liability for the tenant’s damages, and may face a contempt finding if a court case is already underway. Georgia courts enforce the dispossessory process strictly, no matter how obvious the tenant’s lease violation.
What Happens to Property Left Behind
When a tenant leaves belongings behind after an eviction, the landlord cannot just throw them out. Under O.C.G.A. § 44-7-55, the rules depend on value. For property worth less than $500, the landlord sends the tenant written notice and waits at least 10 days before disposing of it. For property worth $500 or more, the landlord must obtain a writ of possession and wait 30 days after the tenant receives notice before selling the items at a public sale. Proceeds from the sale must be held for the tenant for another 30 days. If the tenant owes back rent or caused damage exceeding the security deposit, the landlord may have a lien against the abandoned property to offset those costs.
A lease clause about abandoned property can help set expectations but cannot override these statutory notice and waiting periods.
Early Lease Termination for Military Service Members
Active-duty service members have a separate statutory right to end a residential lease early under O.C.G.A. § 44-7-22. It covers members of the U.S. Armed Forces, Coast Guard, Georgia National Guard, or Georgia Air National Guard who are on federal orders for at least 90 days.12Justia. Georgia Code 44-7-22 – Termination of a Residential Rental Agreement by a Service Member The qualifying situations are:
- A permanent change of station relocating the member 35 or more miles from the rental.
- Release from active duty when the rental is 35 or more miles from the pre-service home.
- Orders to move into government quarters, or eligibility for quarters where not moving in would forfeit the housing allowance.
- Temporary duty orders sending the member 35 or more miles away for more than 60 days.
The service member delivers written notice with a copy of the orders or a signed letter from the commanding officer. Termination takes effect no earlier than 30 days after the landlord receives the notice, and the tenant owes only prorated rent through that date, with no early-termination penalties or additional damages. If the service member dies on active duty, an immediate adult family member can terminate under the same 30-day framework by also providing a death certificate. These protections cannot be waived in any lease.