Know before you go
- A Georgia landlord cannot require a deposit of more than two months’ rent.
- Deposits come back within 30 days of the lease ending or move-out, whichever is later.
- A landlord has to give three business days’ written notice before filing to evict for unpaid rent.
Many newcomers start in Atlanta as renters, and in the City of Atlanta more than half of occupied homes are rented. Georgia’s landlord-tenant law is spread across several statutes, many of them in Title 44, Chapter 7 of the state code. The Georgia Department of Community Affairs publishes a plain-language Landlord-Tenant Handbook, revised in August 2024, and this guide follows it. The handbook itself says it is not a substitute for legal advice and may not reflect later changes in the law, and the same goes for this page.
Before you sign
Read the whole lease. The handbook lists terms that are against the law if a lease contains them, among them a clause that removes the landlord’s duty to keep the property habitable and in good repair, a clause saying the landlord does not have to follow Georgia’s security deposit law, and a clause allowing eviction without going to court. A lease that makes the tenant pay the landlord’s attorney fees but not the other way round is also on that list.
You can ask for changes to terms you dislike, such as automatic rent increases or long terms with early-termination fees. The landlord can refuse, and then it is your decision whether to sign. Ask for the house rules in writing, and for the policy on repair requests and on when the landlord may enter the unit.
The security deposit
- Limit: a landlord cannot require more than two months’ rent. On a $1,711 rent, the City of Atlanta median, that is $3,422 at most.
- Escrow: a landlord who owns more than ten rental units, or uses a management agent, has to keep deposits in a separate escrow account or post a bond, and tell you in writing where the deposit is held.
- Sale of the building: the old owner has to transfer your deposit to the new owner or refund it to you.
- Application fees and holding deposits paid before the lease is signed are not security deposits and are usually not refundable.
Move-in: the list that protects you later
Larger landlords, those with more than ten units or a management agent, have to give you a complete list of existing damage before accepting the deposit, and let you inspect the unit to check it. Both of you sign the list and you keep a copy. Smaller landlords are not bound by this rule, which makes your own photos and notes on move-in day even more useful. If the landlord promises a repair, get the promise in writing.
Tip: Photograph every room, the floors, the appliances and the inside of cabinets on move-in day, and email the photos to yourself and the landlord. The date stamp does the rest.
Repairs during the lease
Georgia landlords have a duty to keep a unit in good repair and in a safe and habitable condition, including the structure and the electric, heating, cooling and plumbing systems. Give prompt notice of any problem; written notice is best. Unless the lease says otherwise, the landlord is not responsible for problems that were obvious at move-in, unless they make the unit unsafe, and does not have to supply appliances, though appliances the landlord already provided have to be repaired.
If repairs do not happen within a reasonable time, the handbook describes several paths: suing for damages, contacting the local housing code inspector, and repair-and-deduct, where a licensed professional does the work and you subtract the cost from future rent after notifying the landlord in writing. The handbook warns that you generally have to keep paying rent even when repairs are late.
Retaliation is not allowed
A landlord cannot retaliate because you asked for repairs, complained in good faith to a code office, or joined a tenant group about safety. If the landlord files to evict, raises the rent, cuts services or ends the lease within three months of such an action, the law presumes retaliation unless the landlord shows a lawful reason. A tenant who wins a retaliation claim may recover one month’s rent plus $500, court costs and possible attorney fees, minus any balance owed. Late rent and serious lease violations are still lawful grounds to evict.
Eviction goes through court
Self-help evictions, such as changing the locks or removing your belongings, are illegal in Georgia even if you have broken the lease. For unpaid rent, the landlord has to give written notice to pay at least three business days before filing. The landlord then files a dispossessory affidavit in magistrate court, and it has to be served on you. After service you have seven days to answer, and you may be able to stop an eviction for unpaid rent by paying everything owed plus court costs, a defense you can use only once in twelve months.
Moving out and getting the deposit back
Within three business days after the lease ends, a larger landlord has to inspect the unit, list the damage with estimated dollar amounts, sign the list and give it to you. You may inspect within five business days and either sign or write down what you disagree with. The landlord cannot keep money for normal wear and tear.
Every landlord, whatever the number of units, has to return the deposit within 30 days after the lease ends or you move out, whichever is later, along with a statement of any damage withheld. Give your new address in writing. If a deposit is wrongly withheld, you can sue; a landlord with more than ten units or a management agent can owe three times the amount withheld plus attorney fees unless the withholding was an honest mistake.
One more Georgia rule worth knowing
If a rental has flooded at least three times in the past five years and the living space was damaged, the landlord has to tell you in writing before you sign. If the landlord does not, the landlord is liable for flood damage to your property during the lease.
Thinking about buying instead? Compare the numbers in Rent vs Buy in Metro Atlanta: What the Census Numbers and Georgia Rules Say.