As per GA Code Title 44 Chapter 7, a rental or a lease agreement can be recognized in either of three ways. That is, either orally, in a written document, or in implied form. The code highlights the rights and responsibilities both the landlord and the tenant have.
At Liberty Real Estate we believe it’s incredibly important for all Georgia landlord's to understand landlord-tenant laws. The following is a basic overview of everything you should know as a landlord.
Required Disclosures in the state of Georgia
Georgia laws requires that landlords make the following disclosures to tenants within a reasonable amount of time.
- Lead-based paint. This disclosure is required of landlords who rent out units built prior to 1978. A landlord must let prospective tenants know of the lead-based concentrations on paint.
- Property manager’s identity. Landlords must also provide your tenants with the names and addresses of the entity charged with managing the property on your behalf.
- Flooding risk. Landlords must disclose whether a home has flooded in the last 3 or 4 times in the last 5 years.
- Move-in checklist. You must provide your tenants with a move-in checklist upon the tenant moving in.
Tenants’ Rights & Responsibilities in Georgia
Tenants in Georgia have the following legal rights as per Georgia landlord tenant laws. They have the right to:
- Live in privacy.
- Not be discriminated against and recieve fair treatment.
- A proper eviction process as outlined in the Georgia eviction laws.
- The proper handling, use and return of their security deposit.
- Terminate the lease in certain legally justified situations.
- Be provided certain mandatory disclosures.
- Change locks unless the agreement states otherwise.
The list of responsibilities renters have under Georgia landlord-tenant laws include the following.
- Keep the rental premises in a clean and hazard-free.
- Maintain the property to the right standards as required by the rental agreement.
- Respect the privacy of other tenants and not disturb neighbors.
- Notify the landlord whenever maintenance issues crop up beyond normal wear and tear.
- Reasonably use the dwelling fixtures and keep them clean and sanitary.
- Abide by all of the lease terms. For example, if having a pet, abide by all pet policies in the rental agreement.
- Notify the Georgia landlord when looking to be away for an extended period of time.
- Notify the landlord when looking to move out.
- Pay rent on time.
Landlords’ Rights & Responsibilities in Georgia
Rental property owners in the state of Georgia, have the following rights.
- Enter the rental unit in order to perform needed or requested tasks.
- Evict a Georgia tenant who fails to abide by the terms of the lease agreement.
- Require tenants to pay a security deposit as part of the move in costs.
- Terminate an agreement by serving the tenant with a 60-days’ notice.
- Rent collection. Georgia doesn't have rent control laws, meaning you may charge whatever amount of rent and raise it for whatever reason whenever you want. You’re also under no obligation to provide the tenant with a prior written notice.
- Require tenants to notify you prior to moving out.
- Require Georgia tenants to notify you whenever they are looking to be away for an extended period of time.
- Screen all prospects prior to renting to them.
The list of responsibilities for Georgia landlords is as follows.
- Draft and sign proper rental agreements.
- Ensure the property remains a habitable rental unit, providing all necessary repairs.
- Make needed repairs in a timely matter.
- Abide by all terms of the lease agreement.
- Give tenants notice prior to entering their rented homes.
- Accord all tenants fairness and respect as per the Georgia Fair Housing Laws.
- Remove a tenant judiciously.
- Provide residents with certain mandatory disclosures as required by Georgia landlord-tenant law.
There are consequences to failing to provide tenants with such information. Among other things, they may be able to use that as legal justification to end their tenancy early.
Overview of the Georgia Landlord-Tenant Law
Tenant Evictions
Landlords can start the eviction process for a tenant in Georgia for the following reasons.
- Failure to make rent payments on time.
- Violating the lease or rental agreement.
- Failure by a tenant to move out after their lease has ended.
Each of these reasons requires that a Georgia landlord follow a legal eviction process. The following are some basic highlights of the steps a landlord must take in an eviction process.
- Serve the tenant with an eviction notice.
- File a complaint with the court.
- Attend the court hearing and await the court judgment.
- Request a writ of possession.
- Gain the property’s possession.
Security Deposits
Landlords in Georgia who require security deposits must abide by certain rules. Broadly speaking, these rules cover the handling, use and return of security deposits.. The following are some of the deposit rules landlords must know:
- Store a tenant’s security deposit in either an escrow account or post a surety bond.
- Only make deductions to a Georgia tenant’s security deposit for legitimate reasons, following the georgia security deposit laws. Such as, when the tenant fails to pay rent or utility bills, or when they cause excess property damage requiring repairs.
- Return the tenant’s security deposit within a month after they move out.
Lease Termination
According to Georgia law, to terminate any legal agreements, a landlord must serve thier tenant with a 60-days’ notice. These lease agreements can be month-to-month , a quarter-to-quarter, or even year-to-year.
Tenants, on the other hand, only need to provide a 30-days’ notice when looking to move out of a week-to-week or a month-to-month lease. A tenant can legally break a lease in Georgia early for any of the following reasons:
- When starting an active military duty.
- If the unit becomes uninhabitable.
- In case of landlord harassment or violation of basic tenant rights.
- If a tenant becomes a domestic violence victim.
- If there is a clause on the agreement that permits early termination.
If a tenant breaks their agreement early for any other reason, a landlord has a right to hold them liable for all rent remaining under the lease.
Unlike in other states, Georgia landlords aren’t required to “mitigate damages.” A landlord can just sit back and wait for the lease to end, then charge the tenant for all remaining rent due under the lease.
Housing Discrimination
The Fair Housing Act prohibits landlords from discriminating against their current renters and any prospective renter on the basis of certain classes. Protected classes by Georgia law include race, color, religion, national origin, and familial status.
Bottom Line
Property managers at Liberty Real Estate not only understand all Georgia landlord-tenant laws but can also help you manage your property reliably and professionally in all aspects, providing a good experience for all parties involved.
Contact us today for more information or to learn how our property management services can make you money!
Disclaimer: This blog isn’t a substitute for professional legal advice from a qualified lawyer. For expert help, please consult a qualified attorney or an experienced property management company like Liberty Real Estate Services.
