Rooted in the foundational principles of the Georgia State Constitution (currently the 1983 Constitution), Georgia's landlord-tenant laws, found primarily in Title 44, Chapter 7 of the Official Code of Georgia Annotated (O.C.G.A.), take a generally landlord-friendly approach while still establishing clear procedural requirements that property owners must follow. Understanding the nuances of Georgia law is essential for operating a compliant and profitable rental business.

Georgia is notable for having no statewide rent control, no statutory grace period for rent, and a relatively streamlined eviction (dispossessory) process. However, the state imposes significant requirements related to security deposit handling, particularly for landlords managing larger portfolios, and requires specific property disclosures.

Official Law Citation: Official Code of Georgia Annotated (O.C.G.A. Title 44, Chapter 7)

Security Deposits

Georgia law does not impose a strict statewide statutory cap on security deposit amounts, though two months' rent is the general standard. Key rules include:

• Escrow Requirement: Landlords who are natural persons owning more than 10 rental units, or any landlord who uses a property management agent, must place security deposits in a separate escrow account or post a surety bond with the superior court clerk (O.C.G.A. § 44-7-36).
• Move-In Inspection: These same landlords (natural persons with >10 units or those using an agent) must provide a written list of pre-existing damages before the tenant moves in.
• Return Deadline: Landlords have 30 days after the tenancy ends to return the deposit with an itemized statement of deductions (O.C.G.A. § 44-7-34).
• Penalties: Bad-faith retention of a security deposit can result in the landlord being liable for up to three times the deposit amount plus attorney's fees.

See our Security DepositsPreview unavailable guide for exact requirements.

Eviction Process (Dispossessory Proceeding)

Georgia uses a Dispossessory Proceeding for evictions, governed by O.C.G.A. § 44-7-50.

• Demand for Possession: Under the 2024 'Safe at Home Act' (HB 404), landlords must provide a mandatory written notice at least three business days prior to filing a dispossessory affidavit for nonpayment of rent (O.C.G.A. § 44-7-50).
• Filing the Affidavit: If the tenant doesn't vacate after the notice period, the landlord files a Dispossessory Affidavit with the Magistrate Court.
• Tenant's Response: The tenant has 7 days from service to file an answer.
• Self-Help is Prohibited: Changing locks, cutting utilities, or removing tenant belongings without a court order is illegal.

See our Eviction ProcessPreview unavailable guide.

Rent Increases and Late Fees

• Rent Increases: Georgia has no statewide rent control and state law actually prohibits local governments from enacting rent control (O.C.G.A. § 44-7-19). Landlords must give 60 days' written notice to terminate a tenancy at will or before raising rent on month-to-month tenancies; tenants must provide 30 days' notice (O.C.G.A. § 44-7-7). Rent cannot be increased mid-lease unless the lease specifically allows it.
• Late Fees: Georgia law does not mandate a grace period for rent payments. Late fees must be "reasonable" and clearly stated in the lease agreement. Courts generally consider around 5% of the monthly rent to be a reasonable benchmark.
• No Statutory Grace Period: If the lease says rent is due on the 1st, the landlord can legally charge a late fee or issue a demand for possession on the 2nd, subject to the mandatory 3-day notice for nonpayment.

See our Rent IncreasesPreview unavailable and Late FeesPreview unavailable guides.

Disclosures and Lease Requirements

Georgia requires several mandatory disclosures, including:

• The name and address of the landlord or authorized agent (O.C.G.A. § 44-7-3).
• A move-in property condition report for natural persons with >10 units or those using a management agent.
• Federal lead-based paint disclosure for homes built before 1978.
• Disclosure of the property's propensity for flooding if the living space has been damaged by flooding at least three times during the five-year period preceding the lease (O.C.G.A. § 44-7-20).

See our Required DisclosuresPreview unavailable and Lease RequirementsPreview unavailable guides.

Maintenance Obligations

Under Georgia's implied warranty of habitability, landlords must keep the property in a condition fit for human habitation. O.C.G.A. § 44-7-13 requires landlords to keep the premises in repair and be liable for damages resulting from defects they knew of or should have known about.

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How Landager Helps

Landager tracks lease terms, required compliance items, and accounting records - making it easy to stay compliant with Georgia regulations.