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    Georgia Residential Lease Agreement

    Georgia limits security deposits to 2 months' rent, and requires its return within 30 days after move-out.

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    Georgia lease rules at a glance

    Key Georgia rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit cap2 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 deadline30 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)
    Late feesNo state cap · grace period: 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)
    Landlord entry noticeNo state ruleO.C.G.A. Title 44, Chapter 7 (no entry provision)
    Ending a month-to-month leaseLandlord 60 days · tenant 30 daysO.C.G.A. § 44-7-7
    Rent increase noticeNo state ruleO.C.G.A. § 44-7-7 (no rent-increase provision; 60-day termination notice)
    Rent controlNone; cities barred from adopting itO.C.G.A. § 44-7-19
    Eviction notice for unpaid rent3 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)

    Georgia lease disclosures checklist

    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 tenancyO.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 yearsO.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 197842 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

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    Before you sign in Georgia

    How the Georgia deposit rule changed
    Two months' rent O.C.G.A. § 44-7-30.1 (2024 Ga. Laws Act 392, HB 404 § 4), O.C.G.A. § 44-7-30.1
    • In effect since .
    • Before : No statutory cap on the amount of a residential security deposit.
    If a deposit is withheld wrongly
    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)
    Deductions from the deposit
    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 the deposit
    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))
    Rent control and increases
    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)

    No statewide rent control; counties and cities may not regulate rents on private residential property.

    If rent goes unpaid
    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.

    Georgia lease FAQs

    How much can a landlord charge for a security deposit in Georgia?

    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)).

    How long does a Georgia landlord have to return a security deposit?

    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)).

    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)). 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 before entering a rental?

    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)).

    How much notice ends 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).

    What disclosures does a Georgia lease need?

    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). The list covers Names and addresses of the owner (or person authorized to receive notices) and the property manager, with updates within 30 days of any change, Written notice of the property's propensity to flood, Signed list of existing damage to the premises, Written notice of the security deposit escrow account's location and Lead-based paint disclosure and EPA pamphlet.

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