Tenant Rights in Georgia

Security Deposits

• Maximum amountNo statutory limit. Landlords may charge any amount.
• Return deadline30 days after the tenant vacates.

Landlord may deduct for damages beyond normal wear and tear and unpaid rent. Must provide an itemized list of deductions. Landlords with more than 10 units must place deposits in an escrow account or provide a surety bond.

Eviction Process

• Notice requirementsNo specific notice period for nonpayment; landlord may immediately file a dispossessory affidavit. For other lease violations, the landlord typically must give notice as required by the lease.
• Judicial eviction requiredYes
• Estimated timeline2 to 4 weeks for uncontested cases. The tenant has 7 days to answer after being served.

Rent Control

Georgia has no rent control laws at any level. There is no state preemption statute, but no jurisdiction has enacted rent control.

Repair and Habitability

• Repair and deductAllowed
• Rent withholdingNot allowed
• Retaliation protectionYes

Lease Termination

• Month-to-month notice60 days' notice by either party (under Georgia common law, month-to-month tenancies generally require 60 days).

Tenant may be liable for remaining rent. Landlord has a duty to mitigate damages. Military members may terminate under the SCRA. Georgia law provides early termination options for victims of family violence (O.C.G.A. § 44-7-23).

Key Statutes

• Georgia Landlord-Tenant Law: O.C.G.A. §§ 44-7-1 to 44-7-103
• Security Deposits: O.C.G.A. § 44-7-30 to 44-7-37
• Dispossessory Proceedings: O.C.G.A. § 44-7-50 to 44-7-58
• Repair and Deduct: O.C.G.A. § 44-7-13

When to Get Legal Help

• You're facing eviction, especially with short notice
• Your landlord is withholding a large security deposit
• You believe you're being discriminated against
• Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Georgia

Frequently Asked Questions

• Is there a security deposit limit in Georgia?

  No. Georgia has no statutory cap on security deposits. However, landlords with 10 or more units must hold deposits in escrow or provide a surety bond, and must provide tenants with a written list of pre-existing damages within 3 business days of receiving the deposit.

• Does a landlord in Georgia have to give notice before filing for eviction due to nonpayment?

  Georgia does not require a specific notice period before filing a dispossessory action for nonpayment. Once rent is late, the landlord can file an affidavit in court. The tenant then has 7 days to respond after service.

• Can I use repair and deduct in Georgia?

  Yes. Under O.C.G.A. § 44-7-13, tenants can make necessary repairs and deduct the cost from rent if the landlord fails to maintain the property after being notified. The cost of repairs cannot exceed one month's rent.

• Does Georgia protect tenants from retaliation?

  Yes. Georgia law (O.C.G.A. § 44-7-24) prohibits landlords from retaliating against tenants who report code violations to government agencies or exercise other legal rights.

Sources

• Georgia Landlord-Tenant Handbook (Department of Community Affairs)