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NAVIGATION
Section 1: Rights & responsibilitiesSection 2: Rent increase lawsSection 3: Rental agreement lawsSection 4: Security deposit lawsSection 5: Notices & eviction lawsSection 6: Rental application lawsSection 7: Breaking a lease lawsSection 8: HOA lawsSection 9: Squatter rightsSection 10: Resources
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SECTION 1
According to Georgia state law, there are a number of guidelines and standards that both tenants and landlords must abide by.
Below is a comprehensive explanation of some of Georgia's laws pertaining to landlords and tenants.
Are landlords in Georgia required to give notice before entering the property?
Yes, landlords in Georgia are required by law to give tenants one to two days' notice before entering the property. However, there's an exception when there's an emergency.
A landlord entering the tenants rental unit without permission or at odd hours would count as violation of the terms of the lease.
Are landlords allowed to enter the property to conduct maintenance and repairs?
Yes, Georgian landlords are entitled to access their rented property for purposes such as inspections and repairs that are connected to the rental agreement. It's also important to note that a landlord is free to impose his/her own terms and conditions on the lease that enables them to enter a rented property, under certain conditions.
SECTION 2
The state of Georgia does not have rent control laws. Additionally, local governments and localities are prohibited by state rules from enacting their own rent control measures. (Section 44-7-19)
Generally, landlords are free to increase rent for any reason and by any amount, however, they are required to give tenants enough notice.
Under Georgia law, landlords are required to give a 60 days written notice before the rent increase goes into effect. This is true for month-to-month and fixed term leases. Property owners and landlords cannot increase the rent during the lease term.
Landlords are required to state the precise amount of the rent increase and the effective date of the higher rental rate in the rent increase notice. Also, notices must be given to tenants in the form of a written notice; verbal notices are insufficient.
Although there are no statewide controls or limitations on the amount of rent increases allowed by landlords in Georgia, there are several guidelines provided by Georgia rent increase laws that they must adhere to:
Source: Georgia Landlord-Tenant Handbook
SECTION 3
According to Georgia law, a lease agreement is recognized as a legal contract that outlines the parameters that govern a landlord-tenant relationship.
The following should be included in the leasing agreement:
Source: REPUBLIC OF GEORGIA LEASING LAW
SECTION 4
There is no legal cap on security deposit amounts in Georgia. Georgian landlords are not restricted in how much they can ask a renter for a security deposit.
Landlords can request additional pet deposits from their; however, this is not required by Georgia tenant deposit laws. The only exception is a disabled person requiring emotional support animals or service animals. Due to the equal housing rights of people with disabilities, landlords are not allowed to charge extra for service animals.
Nevertheless, the renter will be responsible for paying all or a portion of the security deposit if the service animal harms the rented property in any way.
In Georgia, landlords can legally deduct some amount in a tenant’s security deposits to compensate for specific circumstances that qualify as "damage." The following expenses may be covered by the deposit, according to Georgia tenant deposit laws:
Landlords are required by law to keep their tenant's security deposit in an escrow account, that is a state or federally licensed depository. They also have the obligation to inform the tenant about where this deposit is kept.
Alternatively, landlords can choose to post a surety bond for $50,000 or the full value of the security deposit, whichever is less. Tenants and landlords are required to engage with a licensed surety firm. The surety bond must be deposited with the local Superior Court Clerk, who will charge a $5.00 filing and recording fee.
It's crucial to remember that, in accordance with Georgia law, the landlord forfeits any right to withhold the tenant's security deposit if they fail to adhere to these holding guidelines.
Georgia landlords have up to thirty days from the day the tenant vacates the property to return the deposit via first-class mail along with an itemized list of deductions.
If the landlord wishes to make an itemized inventory of damages, they must inspect the unit within three business days of the lease expiration. In addition, the tenant must check the property within five business days to make sure the aforementioned items are present.
The list will be accepted as proof of damages if the renter accepts the specified damages, and the landlord will be authorized to deduct the damages from the security deposit. However, the tenant must list every item and ask for a court case if they wish to contest any or all of the damages.
Furthermore, the landlord may be taxed up to three times the amount of the security deposit that was sought, in addition to attorney fees, if they do not return the deposit within the allotted time.
Lastly, the security deposit will be lawfully forfeited if the renter ignores the written notification requesting return of the money and the landlord makes no attempt to find them. The security deposit will belong to the landlord after ninety-nine days, and the renter will not be allowed to contest it.
Georgia law states that landlords are not obligated to pay interest on a security deposit. However, landlords have more leeway because they are not compelled to send the tenant any receipts for the security deposit.
Sources: Section 44-7-31, Section 44-7-32, Section 44-7-33, Section 44-7-34
SECTION 5
Before beginning the eviction procedure in Georgia, landlords must have valid reasons for the tenant's eviction. According to Georgia eviction law, a landlord may evict a tenant for the following reasons:
Before pursuing an eviction, landlords are required to give tenants the required Georgia notice to quit. The type and duration of notice needed varies according to the grounds for eviction and type of lease agreement:
After a Georgia eviction notice period has passed and the tenant has not complied, the landlord may proceed with filing an eviction suit in court.
In Georgia, a landlord may initiate an eviction action by filing a "dispossessory affidavit" with the magistrate court. This action is recommended if a tenant disregards a Georgia notice to quit and does not comply with it within the stipulated deadline.
When filing a dispossessory affidavit, the following is needed:
The tenant will receive a summons from the court requiring them to respond to the allegation within seven days of the landlord filing the dispossessory affidavit. This is when the Georgia eviction process starts.
The landlord may file a default judgment to regain ownership of the property if the tenant does not file an answer within 7 days. Also, the court will set a trial date within 15 days of the tenant filing an answer if the tenant chooses to do so.
Both the landlord and the renter will have the chance to provide testimony and supporting documentation during the trial. A jury trial may be requested by either party, or a bench trial may be presided over by the judge.
The judge or jury will decide the eviction case after considering all the facts. A writ of possession returning the property to the landlord will be issued by the court if the landlord successfully argues their case for eviction.
Afterwards, if the renter doesn't leave, the sheriff can then enforce the writ and have them evicted.
Source: (Section 44-7-50)
SECTION 6
The state of Georgia requires landlords and tenants to have a signed lease, which serves as tangible documentation of all the terms that were agreed upon by both parties.
Both the landlord and tenant are only required to provide the description of the rental property and the contact details of all parties for Georgia rental application. However, most Georgia landlords usually include comprehensive information in their lease agreements to prevent disagreements in the future.
Below are some of the most typical terms that landlords put in Georgia rental applications:
Sources
SECTION 7
Tenants must give a 30-day notice to terminate their lease in accordance with Georgia law. They are still required to pay their rent until the end of that time, though. When it comes to property owners, a landlord has to give a 60-day notice before ending a lease.
Tenants in Georgia may lawfully terminate a lease for a number of reasons, such as:
SECTION 8
Georgia HOA laws are regulated by the Georgia Code, Title 44, Chapter 3, Article 6. Below are some of the acts that govern the activities of HOAs in Georgia.
In Georgia, the formation, administration, powers, and operations of homeowner associations are governed by the Property Owners' Association Act. It is noteworthy to mention that associations may be established through the POAA or by applying common law principles. This Act shall not apply in such circumstances. An HOA can "opt-in" to this type of arrangement by registering (or amending) a declaration expressly electing to be governed by the POAA.
Private condominiums constructed after October 1, 1975, or condominiums that have chosen to voluntarily engage into the act through official declarations (or updating pre-existing declarations) are governed by this legislation.
Georgia HOAs must establish themselves as either nonprofit organizations or for-profit companies prior to recording a proclamation. Therefore, the Georgia Nonprofit Corporation Code will apply to the association if it is organized as a nonprofit. For-profit businesses are governed under the Georgia Business Corporation Code. These statutes specify the internal operating procedures and corporate structure that must be followed by the association.
SECTION 9
According to Georgia's laws on adverse possession, a squatter may file a claim for adverse possession of a property after residing there continuously for a predetermined amount of time.
In Georgia, to claim adverse possession of real estate, a squatter must have lived there for at least 20 years. These 20 years cannot be interrupted for a few weeks or months in order for the property's legal title to be altered.
With "color of title," however, that time frame can be cut down to just seven. Before squatters in the US can pursue a formal adverse possession claim and a change in the property's title, they must meet five prerequisites.
To legally seize the land and submit a Georgia adverse possession claim, the following five requirements must be satisfied:
1. Continuous Possession of the Unit
In order to file an adverse possession claim, a squatter must have lived on the land for at least the required 20 years in a row.
According to Georgia's laws on adverse possession, someone cannot claim ownership of a property if they vacate it for weeks or months at a time. This regulation is only broken if the squatter has paid all property taxes and possesses the color of title.
As color of title is a legal technique, they merely have to have resided on the land for the required seven consecutive years.
2. Exclusive Possession of the Property
The property must be solely possessed by the squatter. This implies that they ought to be the only people with records of their tax payments and the only people occupying the land. Their claim of adverse possession would be void if they shared it with anybody else, including the owner or other renters.
3. Open & Notorious Possession of the Property
The fact that the squatter is occupying the property must be readily apparent to members of the public. It should be evident to even the legitimate owner conducting a reasonable investigation that there is a squatter residing there.
A deliberate attempt to conceal their residence would render the squatter's allegation of adverse possession void.
4. Actual Possession of the Property
The adverse possession statutes in Georgia require a squatter to be physically present at the property.
In order to file a formal claim, they must also handle the property as the real owner would. They can accomplish this by keeping a record of the upkeep or enhancements they make to the real estate asset. This would prove they have continued to have physical possession of the unit.
5. Able to Make a Hostile Claim
Lastly, a squatter must be able to establish a "hostile claim" to the property in order to file a Georgia adverse possession claim and pursue legal action. In this context, "hostile" can mean "aware of trespassing," "simple occupation," or "mistake made in good faith.”
In the event that a squatter is already residing on your Georgia real estate, you are required by law to start the formal eviction procedure. This entails giving the renter a notice of eviction to vacate the property. Georgia doesn't say how long this notice must be given; it might be 24 hours or 10 days.
File an aggressive detainer case as soon as possible if the squatter refuses to leave after the notification time has passed. The sheriff will be ordered by the court to carry out the eviction on your behalf if your trial is successful.
Source: Section 44-5-163, Section 44-5-164, andSection 44-5-161.
SECTION 10
Below, you’ll find some helpful Georgia landlord–tenant law resources:
This article is designed to convey information, and not to provide legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney for any decision or course of action contemplated.
