GA
Georgia Landlord-Tenant Laws
Security Deposit Return Timeline
O.C.G.A. § 44-7-34
⏰ Timeline
- 1 month (30 days)
- 1 month to send itemized list of damages
✅ Key Requirements
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- Return within 1 month after lease termination or surrender
- If withholding for damages, send notice within 1 month
- Notice must identify specific damage
- Notice must state estimated dollar amount of damage
- Notice must include refund of any difference
- +1 more requirements
Security Deposit Holding Requirements
O.C.G.A. § 44-7-30 to 44-7-37
✅ Key Requirements
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- Only required for landlords with 10+ units or using management agents
- Security deposit must be segregated in escrow or bonded
- Written notice of location required to tenant
- Pet deposits and refundable advance rent are considered security deposits
- Application fees are NOT security deposits
Permitted Security Deposit Deductions
O.C.G.A. § 44-7-34
✅ Key Requirements
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- Cannot deduct for normal wear and tear
- Deductions must be reasonable
- Tenant charged for repair value, not replacement value
- Example: 10-year-old carpet damaged = value of 10-year-old carpet, not new carpet
Move-In Inspection Requirements
O.C.G.A. § 44-7-33
✅ Key Requirements
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- Landlord and tenant agree on existing damage
- Signed list protects both parties
- Landlord NOT responsible for obvious defects noted during inspection unless unsafe/unsanitary
- Tenants should inspect thoroughly and document everything
- Get landlord agreement in writing for promised repairs
Move-Out Inspection Process
O.C.G.A. § 44-7-34
⏰ Timeline
- 3 business days after termination
- 5 business days after termination
- Must be signed and provided to tenant
✅ Key Requirements
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- Required for landlords with 10+ units or using management agent
- Landlord must inspect within 3 business days
- Must prepare signed list of damages with dollar values
- Tenant may inspect within 5 business days
- Tenant must sign list or specify disputed items in writing
- +1 more requirements
Eviction for Non-Payment of Rent
O.C.G.A. § 44-7-50 to 44-7-55
✅ Key Requirements
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- Demand for possession required before filing
- No magic language required for demand
- Keep evidence of how and when demand was made
- Cannot use self-help eviction (lockout, utility shutoff)
- Must go through court process
Dispossessory (Eviction) Court Process
O.C.G.A. § 44-7-50
✅ Key Requirements
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- Must use court process - self-help eviction is illegal
- Tenant can remain until court decision
- Landlord cannot cut utilities during process
- Tenant has 7 days to answer after service
- Default judgment if no answer by day 7
Tenant Answer to Eviction
O.C.G.A. § 44-7-51
✅ Key Requirements
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- File within 7 days or face default judgment
- Default judgment cannot be appealed
- Include ALL defenses in answer
- Include ALL counterclaims in answer
- Making false statement in answer is a misdemeanor
Tender Defense to Eviction
O.C.G.A. § 44-7-52
✅ Key Requirements
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- Can only be used once per year
- Must include court costs in addition to rent
- Must be offered within 7 days of service
- Tenant must file answer even if landlord accepts payment
- If court finds proper tender was refused, tenant gets 3 days to pay
Writ of Possession and Physical Eviction
O.C.G.A. § 44-7-55
✅ Key Requirements
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- Writ is separate document from court order
- Tenant gets 7 days to move voluntarily
- Sheriff enforces if tenant doesn't leave
- Cannot leave property inside unit (may be conversion)
- Cannot transport property elsewhere without permission
Appealing an Eviction Judgment
O.C.G.A. § 44-7-56
✅ Key Requirements
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- Cannot appeal default judgment (must file answer first)
- Filing appeal stops writ of possession execution
- Must pay ongoing rent to remain during appeal
- Landlord appeal deadline: 7 days from judgment
- May need attorney for state/superior court
Landlord's Duty to Repair and Maintain
O.C.G.A. § 44-7-13 and 44-7-14
✅ Key Requirements
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- Must keep unit safe and habitable
- Must maintain in good repair
- Must repair within reasonable time after notice
- Reasonable time depends on seriousness of condition
- Must prevent foreseeable third-party criminal acts
Tenant Notice for Repairs Required
O.C.G.A. § 44-7-13
✅ Key Requirements
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- Written notice is essential
- Describe problem specifically
- Include date and property address
- Send to landlord at address specified in lease
- Keep proof of delivery (certified mail, email receipt, etc.)
Repair-and-Deduct Remedy
O.C.G.A. § 44-7-13
✅ Key Requirements
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- Must give prior written notice to landlord
- Use qualified and licensed professional
- Cost must be reasonable
- Cannot improve property beyond fixing defect
- Cannot use for common areas
- +1 more requirements
Constructive Eviction Defense
O.C.G.A. § 44-7-13
✅ Key Requirements
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- Unit must be COMPLETELY uninhabitable
- Example: Massive roof leak causing total flooding when it rains
- Example: No heat in winter making unit unlivable
- Not constructive eviction: AC broken for 3 days
- Not constructive eviction: AC doesn't meet comfort preferences
- +1 more requirements
Landlord's Right to Enter Rental Unit
Common Law
✅ Key Requirements
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- Check your lease for specific entry terms
- Entry at unreasonable times may be illegal trespass
- Emergency entry (fire, flood, gas leak) allowed without notice
- Tenant and landlord should reach mutually acceptable solution
Tenancy-at-Will (Month-to-Month)
O.C.G.A. § 44-7-7
✅ Key Requirements
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- Notice should be in writing
- Original lease terms still apply (rent amount, rules, etc.)
- Only termination/modification notice periods change
- For nonpayment, landlord can immediately demand possession
Military Service Member Lease Termination Rights
O.C.G.A. § 44-7-22 and Service Members Civil Relief Act
✅ Key Requirements
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- Written termination notice required
- Copy of military orders must be provided
- Member or dependents must occupy/intend to occupy unit
- For leases entered on/after July 1, 2005 (GA law)
- Federal SCRA also provides protections
Early Lease Termination
O.C.G.A. § 44-7-27
✅ Key Requirements
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- Read lease for early termination provisions
- Some leases allow termination with notice and fee
- Tenant remains liable for rent unless landlord accepts surrender
- Landlord re-renting unit = acceptance of surrender
- Military and domestic violence exceptions may apply
Tenant's Right to Change Locks
Common Law
✅ Key Requirements
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- Check lease first
- Get landlord permission if required
- Document lock change
- Upon move-out: provide new keys OR restore original locks
- Failure to restore = deduction from security deposit