Governed by the principles established in the Georgia Constitution of 1983 and the Official Code of Georgia Annotated (O.C.G.A.), Georgia remains one of the most landlord-friendly states regarding rent adjustments. There is no statewide rent control in Georgia, and state law actively prohibits local governments from enacting their own rent control ordinances for residential property (O.C.G.A. § 44-7-19).

This means landlords have broad freedom to set and increase rents, subject only to the terms of the existing lease and the 60-day notice requirement for terminating tenancies-at-will.

Official Law Citation: Official Code of Georgia Annotated (O.C.G.A. § 44-7-7, § 44-7-19, and § 44-7-24)

The Absence of Rent Control

O.C.G.A. § 44-7-19 explicitly states that no county or municipality in Georgia may enact, maintain, or enforce any ordinance or resolution that would regulate the amount of rent to be charged for privately owned, single-family or multiple-unit residential rental property. This statewide preemption ensures landlords have uniform freedom across all Georgia jurisdictions. Note that this statute does not extend to commercial property.

Notice Requirements for Rent Increases

During a Fixed-Term Lease

A landlord cannot increase the rent during an active fixed-term lease unless the lease agreement explicitly contains a mid-term rent escalation clause.

Month-to-Month Tenancies

For tenancies at will (month-to-month), a landlord must provide the tenant with at least 60 days' written notice to terminate the tenancy (O.C.G.A. § 44-7-7). Because a rent increase effectively changes the terms of the tenancy, landlords typically use this 60-day termination notice to end the current agreement and offer a new tenancy at the increased rate. The tenant must provide 30 days' notice to terminate the tenancy.

Upon Lease Renewal

When a fixed-term lease approaches its expiration, the landlord can propose a new rental rate as part of the renewal terms. It is best practice to provide the tenant with notice of the new rate at least 60 days before the current lease expires, giving them adequate time to decide whether to renew or move.

Prohibited Reasons for Rent Increases

While there is no cap on the amount, Georgia landlords are prohibited from increasing rent for retaliatory or discriminatory reasons:

• Retaliation: Under O.C.G.A. § 44-7-24, a landlord may not retaliate against a tenant by increasing rent or terminating a lease within three months of the tenant exercising a legal right, such as reporting a habitability or safety violation to the landlord or a government agency.
• Discrimination: Raising rent based on a tenant's race, color, religion, sex, national origin, disability, or familial status violates the federal Fair Housing Act and the Georgia Fair Housing Act.

Notable Local Ordinances

Under O.C.G.A. § 44-7-19, local governments are strictly prohibited from regulating rent amounts for residential property. While some municipalities like Atlanta have explored tenant protections, they cannot legally enforce rent caps on private residential property. Landlords must primarily adhere to state-level notice requirements and the terms of their individual lease agreements. Any disputes regarding rent increases are typically adjudicated in the Magistrate Court of the county where the property is located.

See our Eviction ProcessPreview unavailable guide for what to do if a tenant refuses to pay the increased rent.

How Landager Helps

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

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