Georgia Late Fee Law
No Georgia statute caps residential late fees or requires a grace period; the lease sets both.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Georgia late fee law at a glance
| Late-fee cap | No state capO.C.G.A. Title 44, Chapter 7 (no late-fee provision) |
|---|---|
| Grace period | No state grace periodO.C.G.A. Title 44, Chapter 7 (no grace-period provision) |
| Notice before filing for unpaid rent | 3 business days (Notice to vacate or pay all past-due rent, late fees, utilities and other charges)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) |
Notice before filing for unpaid rent
- In effect since .
- Before : Only a demand for possession (no set number of days, may be oral) was required before filing.
What Georgia law says
Is there a limit on late fees in Georgia?
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)).
Does Georgia require a grace period before a late fee?
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)).
How much notice must a Georgia landlord give for 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)).
How Georgia compares
31 of 51 verified jurisdictions set no statutory cap. 14 require a grace period.
Alabama, Florida and South Carolina follow the same rule as Georgia; 2 of its 5 neighbors differ.
| Late-fee cap · grace period | States |
|---|---|
| No state cap · none | Georgia, Alabama, Florida, South Carolina |
| Statutory formula · 5 days | North Carolina, Tennessee |
Local rules in Georgia
O.C.G.A. § 44-7-19 bars Georgia counties and cities from regulating private residential rents, and O.C.G.A. § 36-74-30(b) bars local governments from requiring registration of residential rental property (a pre-existing ban that 2025 HB 399 re-enacted while adding a tenant duty to identify the property manager to code enforcement); local housing and building codes still apply.
Other Georgia rules
| Security deposit limit | 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 |
|---|---|
| Deposit return deadline | 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) |
| Entry notice | No state ruleO.C.G.A. Title 44, Chapter 7 (no entry provision) |
| Rent-increase notice | No state ruleO.C.G.A. § 44-7-7 (no rent-increase provision; 60-day termination notice) |
| Month-to-month termination | Landlord 60 days · tenant 30 daysO.C.G.A. § 44-7-7 |