Georgia Landlord-Tenant Law
Georgia limits security deposits to 2 months' rent, and requires its return within 30 days after move-out; no statute fixes a notice period before a landlord enters, and state law bars cities from adopting rent control.
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Security deposits in Georgia
Maximum deposit
Landlords may not demand or receive a security deposit (including pet and advance-rent deposits) above the equivalent of two months' rent for leases entered into or renewed on or after July 1, 2024 (O.C.G.A. § 44-7-30.1). (O.C.G.A. § 44-7-30.1 (2024 Ga. Laws Act 392, HB 404 § 4), O.C.G.A. § 44-7-30.1)
Two months' rent
- In effect since .
- Before : No statutory cap on the amount of a residential security deposit.
Return deadline
Landlords must return the deposit, or mail a written statement of the exact reasons for any amount kept with the balance, within 30 days after obtaining possession of the unit (O.C.G.A. § 44-7-34(a)). (O.C.G.A. § 44-7-34(a) (2018 Ga. Laws Act 482, HB 834 § 3), O.C.G.A. § 44-7-34(a))
- In effect since .
- Before : Within one month after termination of the lease or surrender and acceptance of the premises, whichever occurred last.
Itemized deductions
Landlords who keep any part of the deposit must give the tenant a written statement of the exact reasons, including the itemized damage list with estimated dollar values when damage is the reason (O.C.G.A. §§ 44-7-33(b), 44-7-34(a)). (O.C.G.A. §§ 44-7-33, 44-7-34)
Interest on deposits
Georgia law does not require landlords to pay interest on security deposits, though larger landlords must hold deposits in a dedicated escrow account and tell tenants where it is (O.C.G.A. §§ 44-7-30 to 44-7-37). (O.C.G.A. §§ 44-7-30 to 44-7-37 (no interest requirement))
Penalty for wrongful withholding
Unless exempt as a small landlord under § 44-7-36, a landlord who wrongfully keeps any part of a deposit owes the tenant three times the amount improperly withheld plus reasonable attorney's fees, or only the amount withheld if the landlord proves an unintentional bona fide error (O.C.G.A. §§ 44-7-35(c), 44-7-36). (O.C.G.A. § 44-7-35 (2018 Ga. Laws Act 482, HB 834 § 3), O.C.G.A. § 44-7-35)
Georgia late fees
Late-fee limit
Georgia has no statute capping residential late fees, so any late fee must be stated in the lease and kept reasonable to be enforceable (O.C.G.A. ch. 44-7 is silent). (O.C.G.A. Title 44, Chapter 7 (no late-fee provision))
Grace period
Georgia law does not require a grace period before a late fee, but a landlord must give a 3-business-day pay-or-vacate notice before filing for eviction for unpaid rent (O.C.G.A. § 44-7-50(c)). (O.C.G.A. Title 44, Chapter 7 (no grace-period provision))
Landlord entry in Georgia
Georgia has no statute on landlord entry, so the lease controls; without a lease clause allowing entry, the tenant may refuse except in emergencies (Georgia DCA Landlord-Tenant Handbook p. 13). (O.C.G.A. Title 44, Chapter 7 (no entry provision))
Ending a month-to-month tenancy in Georgia
To end a tenancy at will (month-to-month), the landlord must give 60 days' notice and the tenant must give 30 days' notice (O.C.G.A. § 44-7-7). (O.C.G.A. § 44-7-7)
Landlord: 60 days · Tenant: 30 days
Applies to tenancies at will, including holdover tenancies where the landlord keeps accepting monthly rent
Rent increase notice in Georgia
No Georgia statute sets a rent-increase notice period, but because a tenancy at will can only be ended on 60 days' landlord notice, a month-to-month rent increase effectively requires 60 days' notice, and rent cannot be raised mid-lease unless the lease allows it (O.C.G.A. § 44-7-7). (O.C.G.A. § 44-7-7 (no rent-increase provision; 60-day termination notice))
Rent control in Georgia
Georgia has no rent control, and counties and cities may not adopt or enforce ordinances regulating rent on privately owned residential rental property (O.C.G.A. § 44-7-19). (O.C.G.A. § 44-7-19)
Required lease disclosures in Georgia
Before or at move-in, give tenants the owner and manager names and addresses, a flood-history notice if the unit flooded 3+ times in 5 years, the move-in damage list and escrow location (larger landlords), and the federal lead-paint disclosure for pre-1978 housing (O.C.G.A. §§ 44-7-3, 44-7-20, 44-7-31, 44-7-33). (O.C.G.A. §§ 44-7-3, 44-7-20, 44-7-31, 44-7-33, 40 CFR Part 745 Subpart F)
- Names and addresses of the owner (or person authorized to receive notices) and the property manager, with updates within 30 days of any change (In writing at or before the start of the tenancy) — O.C.G.A. § 44-7-3
- Written notice of the property's propensity to flood (Before signing, if flooding damaged the living space at least 3 times in the prior 5 years) — O.C.G.A. § 44-7-20
- Signed list of existing damage to the premises (Before accepting the security deposit (not required of exempt small landlords under § 44-7-36)) — O.C.G.A. § 44-7-33(a)
- Written notice of the security deposit escrow account's location (When a deposit is held in escrow (not required of exempt small landlords under § 44-7-36)) — O.C.G.A. § 44-7-31
- Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F
Eviction notices in Georgia
Unpaid rent
Before filing a dispossessory (eviction) action for unpaid rent or charges, the landlord must give a written notice to pay or vacate within 3 business days, posted in a sealed envelope on the door and delivered by any method the lease provides (O.C.G.A. § 44-7-50(c)-(d)). (O.C.G.A. § 44-7-50(c)-(d) (2024 Ga. Laws Act 392, HB 404 § 5), O.C.G.A. § 44-7-50(c))
- In effect since .
- Before : Only a demand for possession (no set number of days, may be oral) was required before filing.
Lease violations
Georgia sets no minimum notice or cure period for lease violations; the landlord must demand possession (orally or in writing, per any lease terms) and may file for dispossessory if the tenant refuses (O.C.G.A. § 44-7-50(a)). (O.C.G.A. § 44-7-50(a) (2024 Ga. Laws Act 392, HB 404 § 5), O.C.G.A. § 44-7-50(a))
Georgia compared with neighbouring states
| State | Deposit cap | Deposit return | Late fee | Entry notice | Rent control |
|---|---|---|---|---|---|
| Georgia | 2 months' rentO.C.G.A. § 44-7-30.1 (2024 Ga. Laws Act 392, HB 404 § 4), O.C.G.A. § 44-7-30.1 | 30 days after move-outO.C.G.A. § 44-7-34(a) (2018 Ga. Laws Act 482, HB 834 § 3), O.C.G.A. § 44-7-34(a) | No state cap; grace: no state grace periodO.C.G.A. Title 44, Chapter 7 (no late-fee provision), O.C.G.A. Title 44, Chapter 7 (no grace-period provision) | No state ruleO.C.G.A. Title 44, Chapter 7 (no entry provision) | None; cities barred from adopting itO.C.G.A. § 44-7-19 |
| Alabama | 1 month's rent (with exceptions) | 60 days after move-out | No state cap; grace: no state grace period | Being verified | Being verified |
| Florida | No state cap | 15 days after the lease ends | No state cap; grace: no state grace period | 24 hours' notice | None; cities barred from adopting it |
| North Carolina | 2 months' rent (with exceptions) | 30 days after move-out | Statutory formula; grace: 5 days | No state rule | None; cities barred from adopting it |
| South Carolina | No state cap | 30 days after the triggering event | No state cap; grace: no state grace period | 24 hours' notice | None; cities barred from adopting it |
| Tennessee | No state cap | No fixed deadline | Statutory formula; grace: 5 days | No fixed number of hours | None; cities barred from adopting it |
Writing a Georgia lease
The Georgia residential lease agreement page turns these rules into a one-page table and a disclosure checklist. MakeLease generates a customizable lease; add these Georgia disclosures and terms.
Create a Georgia leaseLandlord-tenant law in other states
- Georgia late fee law
- Georgia landlord entry notice rules
- Georgia rent increase rules
- Georgia eviction notice rules