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Georgia State Landlord Tenant Law
Below is a copy of the landlord tenant code for GA. This is the ultimate source of truth for landlord tenant issues in the great state of Georgia. This is a large file but every other one we found online was jumbled up into numerous pages and hard to decipher. This should be easier to read and extract.
Georgia Landlord-Tenant Law
Complete verbatim statute text · 44 sections
📑 Table of Contents
Chapter O.C.G.A. § 44-7
O.C.G.A. § 44-7-1
Creation of Landlord and Tenant Relationship; Rights of Tenant; Construction of Lease for Less Than Five Years
O.C.G.A. § 44-7-2
Parol Contract Creating Landlord and Tenant Relationship; Certain Provisions Prohibited; Effect of Provision for Attorney's Fees
O.C.G.A. § 44-7-3
Disclosure of Ownership and Agents; Effect of Failure to Comply
O.C.G.A. § 44-7-4
Local Ordinances Relating to Security of Premises Occupied by Tenants; Cumulative Effect
O.C.G.A. § 44-7-5
When Implied Contract to Pay Rent Arises
O.C.G.A. § 44-7-6
Tenancy at Will — Creation When No Time Period Specified
O.C.G.A. § 44-7-7
Tenancy at Will — Notice Required for Termination
O.C.G.A. § 44-7-8
Tenancy at Will — Right of Tenant to Emblements
O.C.G.A. § 44-7-9
Estoppel to Dispute Landlord's Title or Attorn to Another
O.C.G.A. § 44-7-10
Delivery of Possession at End of Term; Summary Remedy
O.C.G.A. § 44-7-11
Specific Rights of Tenants
O.C.G.A. § 44-7-12
Removal of Trade Fixtures During Term; When Abandoned
O.C.G.A. § 44-7-13
Landlord's Duties as to Repairs and Improvements
O.C.G.A. § 44-7-14
Tort Liability of Landlord
O.C.G.A. § 44-7-14.1
Landlord's Duties as to Utilities
O.C.G.A. § 44-7-15
Effect of Destruction of Tenement on Obligation to Pay Rent
O.C.G.A. § 44-7-16
Accrual of Interest on Rent Owed
O.C.G.A. § 44-7-19
Restrictions on Rent Regulation by Local Governments
O.C.G.A. § 44-7-20
Notification to Prospective Tenant of Property's Propensity Toward Flooding
O.C.G.A. § 44-7-22
Termination of a Residential Rental Agreement by a Service Member
O.C.G.A. § 44-7-23
Termination of Residential Lease After Issuance of Family Violence or Stalking Order
O.C.G.A. § 44-7-24
Establishment of a Prima-Facie Case of Retaliation by Tenant Against Landlord; Elements; Exception; Remedies
O.C.G.A. § 44-7-30
Definitions — Security Deposits
O.C.G.A. § 44-7-30.1
Security Deposit Limit
O.C.G.A. § 44-7-31
Placement of Security Deposit in Escrow Account; Notice to Tenant
O.C.G.A. § 44-7-32
Surety Bond in Lieu of Escrow Account
O.C.G.A. § 44-7-33
Move-In and Move-Out Inspection Lists; Right of Tenant to Inspect and Dissent
O.C.G.A. § 44-7-34
Return of Security Deposit; Grounds for Retention; Delivery of Statement
O.C.G.A. § 44-7-35
Remedies for Landlord's Noncompliance with Security Deposit Article
O.C.G.A. § 44-7-36
Certain Rental Units Exempt from Security Deposit Article
O.C.G.A. § 44-7-37
Liability for Rent of Military Personnel Receiving Change of Duty Orders
O.C.G.A. § 44-7-49
Dispossessory Proceedings — Definition of Writ of Possession
O.C.G.A. § 44-7-50
Demand for Possession; Procedure Upon Tenant's Refusal; Notice to Vacate or Pay
O.C.G.A. § 44-7-51
Issuance of Summons; Service; Time for Answer; Defenses and Counterclaims
O.C.G.A. § 44-7-52
When Tender of Payment by Tenant Serves as Complete Defense
O.C.G.A. § 44-7-53
When Writ of Possession Issued; Trial of Issues; Possession Pending Trial
O.C.G.A. § 44-7-54
Payment of Rent into Court Registry; Issuance of Writ Upon Failure to Pay
O.C.G.A. § 44-7-55
Judgment; Writ of Possession; Landlord's Liability for Wrongful Conduct; Personal Property
O.C.G.A. § 44-7-56
Appeal; Procedure; Possession and Payment of Rent Pending Appeal
O.C.G.A. § 44-7-58
False Statements in Affidavit or Answer; Penalty
General
Georgia Common Law — Lodger/Licensee Distinction
Tenant vs. Lodger vs. Licensee — How Georgia Courts Distinguish
Chapter Georgia Common Law — Guest-to
Georgia Common Law — Guest-to-Tenant Conversion
When a Guest or Roommate Becomes a Tenant — The Conversion Rule
Chapter O.C.G.A. § 48-13
O.C.G.A. § 48-13-51 & Georgia DOR Policy
Short-Term Rentals — The 30-Day Threshold and Hotel-Motel Tax
Chapter Georgia Local Law — Short-Term Rental Licensing and Ordinances
Georgia Local Law — Short-Term Rental Licensing and Ordinances
Short-Term Rental Local Licensing Requirements — Overview by Major Jurisdiction
O.C.G.A. § 44-7-1
Creation of Landlord and Tenant Relationship; Rights of Tenant; Construction of Lease for Less Than Five Years
↑
(a) The relationship of landlord and tenant is created when the owner of real estate grants to another person, who accepts such grant, the right simply to possess and enjoy the use of such real estate either for a fixed time or at the will of the grantor. In such a case, no estate passes out of the landlord and the tenant has only a usufruct which may not be conveyed except by the landlord's consent and which is not subject to levy and sale. (b) All renting or leasing of real estate for a period of time less than five years shall be held to convey only the right to possess and enjoy such real estate, to pass no estate out of the landlord, and to give only the usufruct unless the contrary is agreed upon by the parties to the contract and is so stated in the contract.
💡 General Comment
Foundational section establishing that a residential lease conveys only a usufruct — the right to use and enjoy — not an ownership interest.
📄 View Official Source ↗
Effective: 2024
O.C.G.A. § 44-7-2
Parol Contract Creating Landlord and Tenant Relationship; Certain Provisions Prohibited; Effect of Provision for Attorney's Fees
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(a) Any oral lease or rental agreement creating a landlord-tenant relationship shall be valid for a term not to exceed one year. (b) No lease or rental agreement shall contain any provision: (1) Limiting or negating the landlord's duty to maintain the premises in good repair as required by Code Section 44-7-13; (2) Limiting the landlord's liability for damages resulting from the landlord's failure to maintain the premises; (3) Requiring the tenant to pay the landlord's attorney's fees unless the lease also requires the landlord to pay the tenant's attorney's fees if the landlord breaches the lease. (c) Any provision in a lease requiring the tenant to pay attorney's fees shall also require the landlord to pay attorney's fees if the landlord is the breaching party.
📝 Georgia Comment
Oral leases are capped at one year. Key prohibited lease provisions include waiving habitability duties, limiting landlord liability, and one-sided attorney fee clauses.
💡 General Comment
This is a critical section for landlords drafting leases — prohibited provisions are void and may expose landlord to liability.
📄 View Official Source ↗
Effective: 2024
(a) At or before the commencement of a tenancy, the landlord or any person authorized to enter into a rental agreement on behalf of the landlord shall disclose to the tenant in writing: (1) The name and address of the owner of record of the premises or a person authorized to act for and on behalf of the owner for the purposes of serving of process and receiving and receipting for demands and notice; and (2) The name and address of the person authorized to manage the premises. (b) A person who enters into a rental agreement on behalf of an owner or a landlord or both and who fails to comply with the disclosure requirements in paragraphs (1) and (2) of subsection (a) of this Code section becomes an agent of the owner or the landlord or both for serving of process and receiving and receipting for notices and demands; for performing the obligations of the landlord under this chapter; and for expending or making available, for the purpose of fulfilling such obligations, all rent collected from the premises. In the event of a change in any of the names and addresses required to be contained in such statement, the landlord shall advise each tenant of the change within 30 days after the change either in writing or by posting a notice of the change in a conspicuous place.
📝 Georgia Comment
Requires written disclosure of owner and property manager identity at lease start. Changes must be communicated within 30 days.
💡 General Comment
Failure to disclose makes the managing agent personally responsible for landlord obligations and legally able to receive service of process.
📄 View Official Source ↗
Effective: 2024
O.C.G.A. § 44-7-4
Local Ordinances Relating to Security of Premises Occupied by Tenants; Cumulative Effect
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Any county or municipality may adopt ordinances requiring owners of residential rental property to provide minimum security devices, including deadbolt locks, window latch devices, and exterior lighting. Such ordinances shall be in addition to and not in lieu of the duties imposed on landlords under this chapter. The failure of a landlord to comply with any applicable ordinance shall not relieve the landlord of the duties imposed by this chapter.
💡 General Comment
Allows local governments to impose additional security requirements beyond state law. State law duties remain regardless of local ordinance compliance.
📄 View Official Source ↗
Effective: 2024
An implied contract to pay rent arises when a tenant occupies real property with the consent of the owner. When a person holds over after the expiration of a lease or tenancy and continues to occupy the property with the owner's consent, an obligation to pay rent at the same rate as under the prior agreement shall be implied.
💡 General Comment
Establishes that if a tenant remains with the landlord's knowledge and consent after a lease ends without a new agreement rent obligations continue at prior rate.
📄 View Official Source ↗
Effective: 2024
A tenancy at will is created when real property is held and occupied by a tenant with the owner's consent but without a fixed term. Any lease or rental agreement which does not specify a definite term shall create a tenancy at will.
💡 General Comment
When no lease term is stated the tenancy is at-will and terminable by either party with proper notice per § 44-7-7.
📄 View Official Source ↗
Effective: 2024
Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will.
📝 Georgia Comment
Landlord must give 60 days notice; tenant must give 30 days notice to end a tenancy-at-will. Also applies when landlord wants to change rent — must give 60 days notice to start new tenancy at new rate.
💡 General Comment
One of the most frequently cited sections in Georgia landlord-tenant law. Applies to month-to-month and all at-will arrangements.
📄 View Official Source ↗
Effective: 2024
A tenant at will shall be entitled to the profits of any crops planted by the tenant prior to the termination of the tenancy in the following situations: (1) The crops were planted before the landlord gave the tenant notice of termination of the tenancy; (2) The tenancy is terminated by the sale of the estate by the landlord or by the death of the landlord or the tenant; or (3) The tenancy is suddenly terminated for any other cause.
📝 Georgia Comment
Protects agricultural tenants' rights to harvest crops planted before notice of termination was given.
💡 General Comment
Primarily relevant to rural and agricultural tenancies in Georgia. Less commonly cited in residential urban contexts.
📄 View Official Source ↗
Effective: 2024
A tenant shall not be permitted to dispute the title of the landlord under whom the tenant entered into possession or to attorn to another who claims title to the premises during the term of the tenancy without the landlord's consent.
💡 General Comment
Prevents a tenant from challenging the landlord's title to property after having entered into possession under that landlord.
📄 View Official Source ↗
Effective: 2024
When the term of a lease or rental agreement ends and the tenant fails to deliver possession of the premises to the landlord, the landlord may pursue a dispossessory action under Article 3 of this chapter to recover possession of the premises.
💡 General Comment
Establishes the landlord's right to pursue dispossessory proceedings when a tenant holds over after lease expiration.
📄 View Official Source ↗
Effective: 2024
A tenant shall have the right: (1) To use and enjoy the leased premises in a reasonable manner consistent with the terms of the lease; (2) To have the landlord maintain the premises in repair as required by Code Section 44-7-13; (3) To use repair-and-deduct remedies as provided in this chapter; and (4) To be free from retaliatory acts by the landlord as provided in Code Section 44-7-24.
💡 General Comment
Broadly codifies key tenant rights including use and enjoyment quiet use repair and freedom from retaliation.
📄 View Official Source ↗
Effective: 2024
A tenant may remove trade fixtures installed by the tenant during the term of the lease. Any trade fixtures not removed by the tenant at the termination of the tenancy shall be considered abandoned and shall become the property of the landlord. The tenant may use fallen or dead timber for firewood and may use the premises as customary for the type of tenancy.
📝 Georgia Comment
Tenant has the right to remove business/trade fixtures they installed; must do so before lease ends or they are deemed abandoned.
💡 General Comment
Commonly relevant to commercial tenants. In residential contexts applies to items like washers dryers or tenant-installed fixtures.
📄 View Official Source ↗
Effective: 2024
(a) The landlord must keep the premises in repair. He shall be liable for all substantial improvements placed upon the premises by his consent. (b) A landlord of a residential rental property shall maintain the rental property in a fit and habitable condition as described in applicable local housing codes. Such duty shall include but not be limited to: (1) Maintaining the structural components of the dwelling including the roof walls and foundation; (2) Maintaining in good working order all electrical plumbing sanitary heating ventilating air-conditioning and other facilities and appliances supplied or required to be supplied by the landlord; (3) Maintaining all common areas in a clean safe and sanitary condition; and (4) Providing adequate extermination service in response to an infestation of insects rodents or other pests.
📝 Georgia Comment
Core habitability duty. Amended by the Safe at Home Act (2024) to add an explicit statutory warranty of habitability.
💡 General Comment
Effective July 1 2024 the Safe at Home Act (HB 404) added subsection (b) creating Georgia's first explicit statutory warranty of habitability.
📄 View Official Source ↗
Effective: 2024
(a) A landlord is not responsible for damages caused by the tenant's own negligence or the negligence of third parties not under the landlord's control. (b) A landlord who has actual notice of a condition on the premises that poses an unreasonable risk of harm to the tenant or others and who fails to take reasonable steps to repair the condition within a reasonable time may be liable in tort for injuries caused by that condition. The landlord's liability shall be limited to those conditions of which the landlord had actual or constructive notice and a reasonable opportunity to repair.
📝 Georgia Comment
Landlord tort liability turns on actual or constructive notice of dangerous conditions and failure to remediate within a reasonable time.
💡 General Comment
This section is frequently litigated in Georgia slip-and-fall and injury cases on residential rental property.
📄 View Official Source ↗
Effective: 2024
(a) A landlord shall not knowingly and willfully suspend or interrupt the supply of heat cooling light water or other essential services required by the lease or by law to a tenant except for a bona fide emergency repair or with the prior written consent of the tenant. It shall be unlawful for a landlord to suspend such utilities at any time as a means of compelling a tenant to vacate the premises or to pay rent. A landlord who violates this subsection shall be liable to the tenant for actual damages and a civil penalty of up to five hundred dollars ($500.00). (b) During a pending dispossessory action it is unlawful for a landlord to knowingly and willfully suspend the tenant's heat cooling light or water service until after the final disposition of the action.
📝 Georgia Comment
Prohibits utility shutoff as a self-help eviction tool. Penalty is up to $500 plus actual damages.
💡 General Comment
The Safe at Home Act (2024) amended this section to explicitly include cooling as a protected utility in addition to heat light and water.
📄 View Official Source ↗
Effective: 2024
If the premises are destroyed by fire or other casualty without fault of the tenant the tenant shall not be required to pay rent for the period during which the premises are uninhabitable. If only part of the premises is destroyed the rent shall be reduced proportionally. If the premises are completely destroyed the lease shall terminate.
💡 General Comment
Provides that destruction of leased premises without tenant fault extinguishes or reduces rent obligation proportionally.
📄 View Official Source ↗
Effective: 2024
When rent is not paid when due interest shall accrue on the unpaid amount at the rate specified in the lease. If the lease does not specify an interest rate interest shall accrue at the legal rate provided by Georgia law.
💡 General Comment
Allows interest on unpaid rent at the contractual or legal rate. No statutory cap on late fees exists in Georgia.
📄 View Official Source ↗
Effective: 2024
No county or municipality shall enact adopt maintain or enforce any ordinance or resolution that would regulate the amount of rent to be charged for single-family or multiple-unit residential rental properties. Any such ordinance or resolution is void and unenforceable.
📝 Georgia Comment
Georgia has a complete statewide ban on rent control. No local government may cap rents.
💡 General Comment
This is the statutory basis for Georgia's rent control preemption — frequently cited in county pages to explain why rent control is not applicable.
📄 View Official Source ↗
Effective: 2024
If any portion of the living space of a dwelling unit has flooded at least three times during the five-year period immediately preceding the date of the lease the owner shall prior to entering into a written agreement for the lease of that property notify the prospective tenant in writing of the property's propensity of flooding. An owner who fails to give notice as required by this Code section shall be liable to the tenant for actual damages resulting from flooding that occurs during the tenancy.
📝 Georgia Comment
Flood disclosure required if property flooded 3+ times in past 5 years. Failure to disclose creates landlord liability for subsequent flood damages.
💡 General Comment
This disclosure requirement applies to all residential landlords in Georgia regardless of the number of units owned.
📄 View Official Source ↗
Effective: 2024
A service member may terminate a residential lease by providing the landlord with written notice of termination and a copy of the military orders requiring the service member to relocate more than 35 miles from the leased premises. The termination is effective 30 days after the next rent payment is due following delivery of notice. A service member who meets the requirements of this Code section shall not be liable for any early termination fee or penalty for terminating the lease in accordance with this section. This section applies to leases entered into on or after July 1 2005.
📝 Georgia Comment
Georgia state law supplement to the federal SCRA for leases entered after July 1 2005. Notice must include copy of military orders.
💡 General Comment
Both federal SCRA and this Georgia provision protect service members. Georgia law provides an additional state-law basis for early termination.
📄 View Official Source ↗
Effective: 2024
O.C.G.A. § 44-7-23
Termination of Residential Lease After Issuance of Family Violence or Stalking Order
↑
A tenant may terminate a residential lease by providing the landlord with a copy of a civil or criminal family violence protective order or a civil or criminal stalking protective order issued for the protection of the tenant or the tenant's minor children and by giving the landlord 30 days' written notice of termination. The tenant shall not be liable for any early termination fee or rent beyond the 30-day notice period. The landlord shall not disclose the new address of the tenant to the abuser.
📝 Georgia Comment
Domestic violence victims may break a lease with 30 days notice and a copy of a qualifying protective order. No early termination penalty applies.
💡 General Comment
This section applies when any qualifying protective order has been issued — civil or criminal family violence or stalking orders all qualify.
📄 View Official Source ↗
Effective: 2024
O.C.G.A. § 44-7-24
Establishment of a Prima-Facie Case of Retaliation by Tenant Against Landlord; Elements; Exception; Remedies
↑
(a) A residential tenant establishes a prima-facie case of retaliation by demonstrating that the tenant took a protected action under subsection (b) and that the landlord took an adverse action under subsection (c). (b) Protected tenant actions include: (1) Good faith exercise of a right or remedy granted by contract or law; (2) Giving the landlord notice to repair; (3) Complaining in good faith to a government entity about building or housing code violations; (4) Establishing or participating in a tenant organization addressing habitability health or safety concerns. (c) Adverse landlord actions within three months of protected tenant action include: (1) Filing a dispossessory action; (2) Depriving tenant of access to the property; (3) Reducing services; (4) Increasing rent; (5) Terminating the lease; (6) Materially interfering with tenant's lease rights. (d) Landlord is not liable for retaliation if the action is based on tenant nonpayment of rent tenant damage to property serious misconduct or criminal acts or holdover after proper notice. (e) Remedies for successful retaliation claim: one month's rent plus $500 plus court costs and possible attorney fees minus any balance owed to landlord.
📝 Georgia Comment
Enacted 2019. Creates prima facie retaliation presumption when adverse landlord action occurs within 3 months of tenant's protected activity.
💡 General Comment
One of Georgia's newer and more significant landlord-tenant protections. Effective 2019. Landlords should document legitimate reasons for any adverse action taken near the time of a tenant complaint.
📄 View Official Source ↗
Effective: 2019
As used in this article: (1) 'Residential rental agreement' means a contract lease or license agreement for the rental or use of real property as a dwelling place. (2) 'Security deposit' means money or any other form of security given after July 1 1976 by a tenant to a landlord which shall be held by the landlord on behalf of a tenant by virtue of a residential rental agreement and shall include but not be limited to damage deposits advance rent deposits and pet deposits. The term 'security deposit' does not include earnest money or pet fees which are not to be returned to the tenant under the terms of the residential rental agreement.
💡 General Comment
Defines key terms for the security deposit article. Pet deposits are included in the definition but non-refundable pet fees are not.
📄 View Official Source ↗
Effective: 2024
A landlord shall not require a security deposit in an amount that exceeds the equivalent of two months' rent for a residential rental property. If a landlord collects a security deposit in excess of this limit the landlord shall return the excess amount to the tenant or apply it as a credit against future rent.
📝 Georgia Comment
NEW — effective July 1 2024 per the Safe at Home Act (HB 404). Caps security deposits at 2 months' rent for the first time in Georgia history.
💡 General Comment
This is one of the most significant changes to Georgia landlord-tenant law in decades. All residential leases entered or renewed on or after July 1 2024 are subject to this cap.
📄 View Official Source ↗
Effective: 2024
Except as provided in Code Section 44-7-32 whenever a security deposit is held by a landlord or his agent on behalf of a tenant such security deposit shall be deposited in an escrow account established only for that purpose in any bank or lending institution subject to regulation by this state or any agency of the United States government. The security deposit shall be held in trust for the tenant by the landlord or his agent except as provided in Code Section 44-7-34. Tenants shall be informed in writing of the location and account number of the escrow account required by this Code section.
📝 Georgia Comment
Applies to landlords who own more than 10 units or who use a management agent. Smaller landlords are exempt under § 44-7-36.
💡 General Comment
Landlords subject to this requirement must disclose the escrow account location in writing. Failure to comply forfeits rights to retain deposit.
📄 View Official Source ↗
Effective: 2024
(a) As an alternative to the requirement that security deposits be placed in escrow as provided in Code Section 44-7-31 the landlord may post and maintain an effective surety bond with the clerk of the superior court in the county in which the dwelling unit is located. The amount of the bond shall be the total amount of the security deposits which the landlord holds on behalf of the tenants or $50000 whichever is less. The bond shall be executed by the landlord as principal and a surety company authorized and licensed to do business in this state as surety. (b) The surety may withdraw from the bond by giving 30 days' written notice by registered or certified mail to the clerk of the superior court provided that such withdrawal shall not release the surety from any liability existing at the time of withdrawal. (c) The clerk of the superior court shall receive a fee of $5.00 for filing and recording the surety bond and shall also receive a fee of $5.00 for canceling the surety bond.
💡 General Comment
Allows landlords to post a surety bond capped at $50000 with the superior court clerk as an alternative to an escrow account.
📄 View Official Source ↗
Effective: 2024
(a) Prior to tendering a security deposit the tenant shall be presented with a comprehensive list of any existing damage to the premises which list shall be for the tenant's permanent retention. The tenant shall have the right to inspect the premises to ascertain the accuracy of the list prior to taking occupancy. The landlord and the tenant shall sign the list and this shall be conclusive evidence of the accuracy of the list but shall not be conclusive as to latent defects. If the tenant refuses to sign the list the tenant shall state specifically in writing the items to which he dissents and shall sign such statement of dissent. (b) Within three business days after the termination of the residential lease and vacation of the premises or the surrender and acceptance of the premises whichever occurs first the landlord or his agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within five business days after the termination of the occupancy to ascertain the accuracy of the list. (c) A tenant who disputes the accuracy of the final damage list may bring an action to recover the portion of the security deposit believed to be wrongfully withheld. The tenant's claims shall be limited to those items to which the tenant specifically dissented.
📝 Georgia Comment
Applies to landlords with more than 10 units or who use a management agent per § 44-7-36. Failure to provide lists forfeits right to retain deposit.
💡 General Comment
Move-in list must be provided before collecting deposit. Move-out inspection must occur within 3 business days. Tenant has 5 business days to inspect.
📄 View Official Source ↗
Effective: 2024
(a) Except as otherwise provided in this article within one month after the termination of the residential lease or the surrender and acceptance of the premises whichever occurs last a landlord shall return to the tenant the full security deposit. No security deposit shall be retained to cover ordinary wear and tear which occurred as a result of the use of the premises for the purposes for which the premises were intended provided that there was no negligence carelessness accident or abuse of the premises by the tenant or members of his household or their invitees or guests. In the event that actual cause exists for retaining any portion of the security deposit the landlord shall provide the tenant with a written statement listing the exact reasons for the retention thereof. When the statement is delivered it shall be accompanied by a payment of the difference between any sum deposited and the amount retained. The landlord shall be deemed to have complied with this Code section by mailing the statement and any payment to the last known address of the tenant via first class mail. If the letter is returned undelivered and the landlord cannot locate the tenant after reasonable effort the payment shall become the property of the landlord 90 days after the date it was mailed. Nothing in this Code section shall preclude the landlord from retaining the security deposit for nonpayment of rent fees for late payment abandonment nonpayment of utility charges repair work or cleaning contracted by the tenant unpaid pet fees or actual damages caused by the tenant's breach provided the landlord attempts to mitigate actual damages.
📝 Georgia Comment
30-day return deadline applies to all landlords. Ordinary wear and tear cannot be deducted. Itemized written statement required if any deduction made.
💡 General Comment
This section applies to ALL residential landlords regardless of number of units owned. The 30-day return requirement is universal.
📄 View Official Source ↗
Effective: 2024
(a) A landlord shall not be entitled to retain any portion of a security deposit if the security deposit was not deposited in an escrow account in accordance with Code Section 44-7-31 or a surety bond was not posted in accordance with Code Section 44-7-32 and if the initial and final damage lists required by Code Section 44-7-33 are not made and provided to the tenant. (b) The failure of a landlord to provide each of the written statements within the time periods specified in Code Sections 44-7-33 and 44-7-34 shall work a forfeiture of all his rights to withhold any portion of the security deposit or to bring an action against the tenant for damages to the premises. (c) Any landlord who fails to return any part of a security deposit which is required to be returned to a tenant shall be liable to the tenant in the amount of three times the sum improperly withheld plus reasonable attorney's fees; provided however that the landlord shall be liable only for the sum erroneously withheld if the landlord shows by the preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error which occurred in spite of the existence of procedures reasonably designed to avoid such errors.
📝 Georgia Comment
Treble damages plus attorney fees for bad-faith withholding. Good faith error defense available if landlord had procedures to prevent errors.
💡 General Comment
This is the enforcement mechanism for Georgia's security deposit law. The treble damages penalty applies to landlords subject to the escrow/inspection requirements (10+ units or managed properties).
📄 View Official Source ↗
Effective: 2024
Code Sections 44-7-31 44-7-32 44-7-33 and 44-7-35 shall not apply to rental units which are owned by a natural person if such natural person his or her spouse and his or her minor children collectively own ten or fewer rental units; provided however that this exemption does not apply to units for which management including rent collection is performed by third persons natural or otherwise for a fee.
📝 Georgia Comment
Small landlords (10 or fewer units owned personally with no management agent) are exempt from escrow inspection and treble damage requirements.
💡 General Comment
NOTE: § 44-7-34 (30-day return requirement) still applies to all landlords including exempt small landlords. Only the escrow inspection list and treble damage provisions are exempted.
📄 View Official Source ↗
Effective: 2024
Notwithstanding any other provision of this chapter if a person is on active duty with the United States military and enters into a residential lease of property for occupancy by that person or that person's immediate family and subsequently receives permanent change of station orders or temporary duty orders for a period in excess of three months any liability of the person for rent under the lease may not exceed: (1) Thirty days' rent after written notice and proof of the assignment are given to the landlord; and (2) The cost of repairing damage to the premises caused by an act or omission of the tenant.
📝 Georgia Comment
Georgia state law limitation on military member rent liability upon change of station orders. Works in tandem with federal SCRA protections.
💡 General Comment
Both this state provision and the federal Servicemembers Civil Relief Act (SCRA) provide protections. The SCRA has broader provisions including court postponement rights.
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Effective: 2024
As used in this article the term 'writ of possession' means a writ issued to recover the possession of land or other property and such writ shall not contain restrictions responsibilities or conditions upon the landlord in order to be placed in full possession of the land or other property.
💡 General Comment
Defines the writ of possession — the court order that authorizes the landlord to retake the property after winning an eviction proceeding.
📄 View Official Source ↗
Effective: 2024
O.C.G.A. § 44-7-50
Demand for Possession; Procedure Upon Tenant's Refusal; Notice to Vacate or Pay
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(a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to the tenant or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance when the owner of the lands or tenements desires possession the owner may individually or by an agent demand the possession of the property. If the tenant refuses or fails to deliver possession when so demanded the owner may immediately go before the magistrate court in the county where the land lies and make an affidavit under oath to the facts. (b) For nonpayment of rent before filing a dispossessory action the landlord shall provide the tenant with written notice to pay all amounts owed or deliver possession within three business days of service of such notice. (c) For residential leases entered into or renewed on or after July 1 2024 the notice required by subsection (b) must be conspicuously posted in a sealed envelope on the door of the unit or delivered by any method specified in the lease and must include the amount of rent and fees owed.
📝 Georgia Comment
The 3-day written notice to pay or vacate requirement was added by the Safe at Home Act (HB 404) effective July 1 2024.
💡 General Comment
CRITICAL UPDATE: As of July 1 2024 landlords must provide a written 3-business-day notice to pay or vacate before filing for eviction for nonpayment. Prior law did not require written notice for the initial demand.
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Effective: 2024
(a) When the affidavit provided for in Code Section 44-7-50 is made the magistrate court shall grant and issue a summons to the sheriff or deputy of the county where the land is located. A copy of the summons and a copy of the affidavit shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally service may be had by delivering to any person who is sui juris residing on the premises or if no such person is found by posting a copy on the door of the premises and on the same day mailing a copy by first-class mail to the defendant at his last known address and making an entry of this action on the affidavit filed in the case. (b) The summons shall command the tenant to answer either orally or in writing within seven days from the date of actual service unless the seventh day is a Saturday Sunday or legal holiday in which case the answer may be made on the next business day. The answer may contain any legal or equitable defense or counterclaim. The last possible date to answer shall be stated on the summons. (c) If service is by tack and mail the court has jurisdiction to enter a default judgment for possession but may not enter a default money judgment unless the defendant files an answer or otherwise appears in the case.
📝 Georgia Comment
Tenant has 7 days to answer. Answer may include any legal defense or counterclaim. Tack and mail service limits judgment to possession only — no money damages unless tenant appears.
💡 General Comment
This section governs the most common eviction service method ('tack and mail'). Landlords should note that money judgment requires tenant appearance when tack and mail service is used.
📄 View Official Source ↗
Effective: 2024
(a) Except as provided in subsection (c) of this Code section in an action for nonpayment of rent the tenant shall be allowed to tender to the landlord within seven days of the day the tenant was served with the summons all rents allegedly owed plus the cost of the dispossessory warrant. Such a tender shall be a complete defense to the action; provided however that a landlord is required to accept such a tender from any individual tenant after the issuance of a dispossessory summons only once in any 12 month period. (b) If the court finds that the tenant is entitled to prevail on the tender defense and the landlord refused the tender the court shall issue an order requiring the tenant to pay all rents owed and dispossessory costs within three days of the order. Upon failure of the tenant to pay such sum a writ of possession shall issue. (c) For tenants not under a residential rental agreement tender of less than all rents owed shall not be a complete defense but shall be considered by the court when awarding damages.
📝 Georgia Comment
Tender defense available once per 12-month period. Tenant must tender full amount owed plus court costs within 7 days of service.
💡 General Comment
The tender defense is powerful but limited to once per year per landlord-tenant relationship. If landlord refuses a valid tender the court can compel acceptance.
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Effective: 2024
(a) If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51 the court shall issue a writ of possession instanter. The court without the intervention of a jury shall not require any further evidence nor hold any hearings and the plaintiff shall be entitled to a verdict and judgment by default for all rents due as if every item and paragraph of the affidavit were supported by proper evidence. (b) If the tenant answers a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation provided however that at the time of his answer the tenant must pay rent into the registry of the court pursuant to Code Section 44-7-54.
📝 Georgia Comment
Default judgment issues immediately if no answer filed. If tenant answers trial is held — tenant must pay ongoing rent into court registry to remain in possession during litigation.
💡 General Comment
Tenants who fail to answer cannot appeal a default judgment. Filing an answer — even without a strong defense — preserves appeal rights.
📄 View Official Source ↗
Effective: 2024
(a) In any case where the issue of the right of possession cannot be finally determined within two weeks from the date of service of the summons the tenant shall be required to pay into the registry of the trial court: (1) All rent and utility payments payable to the landlord under terms of the lease which become due after the issuance of the dispossessory warrant as such become due; and (2) All rent and utility payments allegedly owed prior to the issuance of the dispossessory warrant. (b) If the tenant should fail to make any payment as it becomes due the court shall issue a writ of possession and the landlord shall be placed in full possession of the premises. (c) The court shall order the clerk to pay to the landlord the payments claimed under the rental contracts paid into the registry as said payments are made subject to any disputed portions which shall remain in the registry until final determination.
📝 Georgia Comment
If case not resolved in 2 weeks tenant must pay current and past rent into court registry or face automatic writ of possession.
💡 General Comment
This section is important for landlords in contested evictions — it ensures rent continues to flow even while litigation is pending.
📄 View Official Source ↗
Effective: 2024
O.C.G.A. § 44-7-55
Judgment; Writ of Possession; Landlord's Liability for Wrongful Conduct; Personal Property
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(a) If on the trial of the case the judgment is against the tenant judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute. The court shall issue a writ of possession both of execution for the judgment amount and a writ to be effective at the expiration of seven days after the date such judgment was entered. (b) If the judgment is for the tenant the tenant shall be entitled to remain in the premises and the landlord shall be liable for all foreseeable damages shown to have been caused by his wrongful conduct. Any funds remaining in the registry of the court shall be distributed to the parties in accordance with the judgment. (c) Any writ of possession issued shall authorize the removal of the tenant or his personal property or both from the premises and permit the placement of such personal property on some portion of the landlord's property. The landlord shall not be a bailee of such personal property and shall owe no duty to the tenant regarding such personal property after execution of the writ.
📝 Georgia Comment
Writ of possession is effective 7 days after judgment. Landlord is not liable for tenant's personal property once writ is executed and property removed.
💡 General Comment
Self-help eviction remains illegal — landlord must obtain and execute a writ of possession through the court and sheriff.
📄 View Official Source ↗
Effective: 2024
Any judgment by the trial court shall be appealable provided that any such appeal shall be filed within seven days of the date such judgment was entered. If the judgment of the trial court is against the tenant and the tenant appeals the tenant shall be required to pay into the registry of the court all sums found by the trial court to be due for rent in order to remain in possession of the premises. The tenant shall also be required to pay all future rent as it becomes due into the registry of the trial court until the issue has been finally determined on appeal. A tenant who cannot pay the required amounts must vacate the premises even if an appeal is pending.
📝 Georgia Comment
Appeal must be filed within 7 days. Tenant who cannot pay ongoing rent into court registry during appeal must vacate even while appeal is pending.
💡 General Comment
Appeals go to State or Superior Court from Magistrate Court and can be more complex. Consulting an attorney is strongly advisable for eviction appeals.
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Effective: 2024
Anyone who under oath or affirmation knowingly and willingly makes a false statement in an affidavit signed pursuant to Code Section 44-7-50 or in an answer filed pursuant to Code Section 44-7-51 shall be guilty of a misdemeanor.
📝 Georgia Comment
False statements in dispossessory affidavits or tenant answers are misdemeanor criminal offenses in Georgia.
💡 General Comment
Both landlords filing dispossessory affidavits and tenants filing answers are subject to criminal liability for knowing false statements.
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Effective: 2024
Georgia Common Law — Lodger/Licensee Distinction
Tenant vs. Lodger vs. Licensee — How Georgia Courts Distinguish
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Georgia courts apply a multi-factor test to determine whether an occupant is a tenant (who may only be removed through dispossessory proceedings) or a lodger/boarder/licensee (who may be removed without court process). A tenant pays rent for the exclusive right to use and occupy premises, typically under a lease for a defined period. A lodger or boarder pays for the right to use a room but receives services (meals, cleaning, laundry, telephone) and typically does not have exclusive possession. A licensee is a guest who occupies with the owner's consent but has never paid rent or provided consideration for occupancy. Key factors courts examine: (1) Is there a written lease calling payments 'rent'? (2) How long has the person occupied the premises? (3) Is the premises the occupant's only residence? (4) How frequently are payments made — daily, weekly, or monthly? (5) Are ancillary services provided such as meals, cleaning, or laundry? (6) Does the occupant own the furnishings? (7) Is sales tax charged on the payments? (8) Is the stay temporary or indefinite? A true licensee who overstays their welcome may be asked to leave by police without court process. Once a person qualifies as a tenant under Georgia law, the full dispossessory process under O.C.G.A. § 44-7-50 et seq. is required to remove them.
📝 Georgia Comment
Georgia has no separate 'lodger statute.' The tenant/lodger/licensee distinction is entirely court-made law based on O.C.G.A. § 44-7-1 and case precedent. When in doubt landlords should use dispossessory proceedings.
💡 General Comment
If a landlord accepts money from a guest — even informally — Georgia courts may find a tenancy was created. Payment is the single strongest indicator of tenant status.
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Effective: Current
Georgia Common Law — Guest-to-Tenant Conversion
When a Guest or Roommate Becomes a Tenant — The Conversion Rule
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Under Georgia law a guest or roommate becomes a tenant when the owner or primary tenant accepts money or other consideration for their stay. Once that threshold is crossed the person acquires tenant status and cannot be removed without following the dispossessory process under O.C.G.A. §§ 44-7-50 through 44-7-59. No formal lease is required for a tenancy to arise — a verbal agreement to pay rent creates a tenancy at will under O.C.G.A. § 44-7-6. The following situations commonly create unintended tenancies in Georgia: (1) Accepting any payment — even a one-time amount — from a guest for their stay; (2) Allowing a person to receive mail at the property; (3) Allowing a person's name to appear on utility accounts; (4) Cohabiting partners where one party begins paying a share of expenses. Landlords and homeowners who wish to avoid creating an unintended tenancy should never accept money from a guest for occupancy and should document the guest relationship in writing. If an occupant has already become a tenant the landlord must go through Magistrate Court dispossessory proceedings to regain possession.
📝 Georgia Comment
This is one of the most practically important areas of Georgia landlord-tenant law. Homeowners who take in friends or family members and later accept 'help with bills' may inadvertently create a tenancy requiring formal eviction to undo.
💡 General Comment
The Georgia Landlord-Tenant Handbook advises that any person occupying property and paying rent without a written lease is a tenant-at-will entitled to 60 days notice to vacate (O.C.G.A. § 44-7-7).
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Effective: Current
O.C.G.A. § 48-13-51 & Georgia DOR Policy
Short-Term Rentals — The 30-Day Threshold and Hotel-Motel Tax
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Georgia does not have a statewide statutory definition of 'short-term rental.' However two critical legal thresholds apply at the state level. First: The Georgia hotel-motel tax (O.C.G.A. § 48-13-51) applies to stays of 30 consecutive days or fewer. Stays exceeding 30 consecutive days are exempt from the hotel-motel tax and the Georgia Department of Revenue treats such occupants as entering a landlord-tenant relationship. Second: The state sales tax (4%) applies to short-term rental income for stays of 30 days or less. The practical effect of this threshold is that: (a) Guests staying 30 days or fewer are transient occupants — not tenants — and are not protected by O.C.G.A. Title 44 Chapter 7; (b) Guests staying more than 30 consecutive days may acquire tenant status and become entitled to the full protections of Georgia landlord-tenant law, including the right to formal dispossessory proceedings before removal; (c) Short-term rental operators on platforms like Airbnb and VRBO must collect and remit state sales tax (4%) and the $5-per-night hotel-motel fee for stays of 30 days or fewer. Georgia has no statewide STR licensing requirement — all permit and license requirements are set at the local county or municipal level and vary widely.
📝 Georgia Comment
The 30-day threshold is the single most important line in Georgia STR law. A guest who crosses 30 consecutive days at your STR may become a tenant requiring formal eviction — not simply a hotel-style check-out.
💡 General Comment
STR operators should include a lease provision limiting stays to no more than 29 consecutive days and require a new booking agreement for any extension to avoid inadvertent tenancy creation.
📄 View Official Source ↗
Effective: Current
Georgia Local Law — Short-Term Rental Licensing and Ordinances
Short-Term Rental Local Licensing Requirements — Overview by Major Jurisdiction
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Georgia has no statewide STR licensing statute. All licensing permit and zoning requirements for short-term rentals are enacted at the local county or municipal level. Key jurisdictions and their frameworks include: (1) Atlanta (effective June 2022): STR defined as stays of 30 or fewer consecutive days. License required. Maximum two licenses per person one of which must be a primary residence. Annual renewal required. (2) Savannah: STR permit required ($400 application fee $250 annual renewal). Zoning restrictions vary by ward and district. (3) Athens-Clarke County: STR ordinance effective 2022. Home Occupation STRs require owner-occupancy or long-term tenant status and only one structure per parcel. Commercial STRs have separate requirements. (4) Macon-Bibb County: STR defined as stays of 30 or fewer consecutive days. Permit and hotel-motel tax registration required. (5) Greene County: All STRs must remit hotel-motel tax by the 20th of the following month and file personal property tax returns. (6) Sandy Springs: STR must be adjacent to or within owner's occupied dwelling — non-owner-occupied STRs are effectively prohibited. All Georgia STR operators regardless of location must: register with the Georgia Department of Revenue for a Tax ID number to collect and remit state sales tax (4%) and hotel-motel tax; and report rental income. Third-party platforms (Airbnb VRBO) collect and remit taxes automatically in many Georgia jurisdictions reducing host burden.
📝 Georgia Comment
STR regulations in Georgia change frequently at the local level. Always verify current local ordinance requirements with the county or city directly before launching a new STR listing.
💡 General Comment
For county pages: always add a county-specific STR row noting whether the county has an STR ordinance permit requirement and hotel-motel tax registration requirement.
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Effective: Current
🔍 Tenant Screening in Georgia
Understanding Georgia's landlord-tenant law is the foundation of good property management. The next step is screening tenants before they sign the lease — before these laws ever need to be invoked.
Learn About Tenant Screening in Georgia →📄 Legal Forms for Georgia Landlords
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Underground Landlord — Georgia Landlord-Tenant Law Resource