While state law in Georgia is designed to be fair to both the tenant and the landlord, it’s broadly considered to be landlord-friendly, and we’ll dive into the reasons for this below. If you’re thinking of either renting a property as a tenant in Georgia or letting out a property as a landlord, it’s important to know as much as possible about the rights and responsibilities attached to each scenario.
The Rental Application
In terms of the rental application, the state is typical of others in the US. As a tenant, you may be required to pay a processing fee to cover costs such as background screening and credit checks. There is no legal limit to what this fee can be, but it’s usually in the range of $50.
Where security deposits are concerned, Georgia comes down in the landlord’s favor: there is no limit on the amount that the landlord can ask for. In effect, this means the amount of the deposit tends to be shaped by the rental market and is usually equal to one month’s rent. However, the fact that there is no limit in place means it’s possible you could be required to supply, for example, a deposit that represents a hefty two months’ worth of rent.
Similarly, in the state of Georgia, there is no limit to the amount of pet deposit or pet rent a landlord can charge. This is good for landlords who are concerned about a tenant’s dog or cat destroying the carpet…but maybe not such good news for the tenant who wants to move their furry friend in with them.
Required Disclosures
In Georgia, rental laws require landlords to make several disclosures to their tenants, where applicable. Landlords leasing property built before 1978 must provide information to prospective tenants regarding concentrations of lead paint and must also disclose if the property has flooded three or more times in the last five years.
The name and address of the landlord must be supplied to the tenant, along with that of all other parties involved in the ownership and management of the property, and a complete property inventory must be given before a security deposit is collected.
Rental Control Laws
One of the main reasons that Georgia is regarded as a landlord-friendly state is due to the fact that, unlike other states, there are no rental control laws in place here. As a result, a landlord can charge whatever they like for rent – there is no upper limit – meaning the price is almost entirely based on the rental market.
There are also no regulations around the amount a landlord can increase the rent by or the frequency of rent increases. However, tenants should note that landlords can’t increase the amount of monthly rental payment due during the course of an existing lease.
And when it comes to late fees? There are no limits here, either, on what a landlord can charge their tenant.
Renters Insurance
While tenants are not legally required to have renters insurance in Georgia, taking out a policy is highly recommended. It’s also more affordable than you may think: renters insurance in Georgia costs around $27/month and provides valuable cover in the event that your belongings get stolen or damaged. While it’s not mandatory in terms of the law, a landlord may require you to have renters insurance, and it’s not unusual to see this as a clause in a lease.
The Rights of Georgia Tenants
While it may seem as if state law in Georgia is firmly in a landlord’s favor, it’s important to remember that tenants are protected by plenty of rights, too. These include the right to:
- Live in a habitable property that meets local health and housing codes.
- Request repairs and, in certain cases, use the ‘repair and deduct’ remedy, which means deducing the cost of repairs required from the rent payment owed.
- Receive fair treatment from the landlord.
- Live in the property without interference to their right of quiet enjoyment.
Tenants in Georgia have the sort of responsibilities you’d expect, too, such as paying the rent on time, keeping the property in good condition, not disturbing neighbors or other tenants, and complying with the rental agreement.
The Takeaway: The Landlord-Tenant Balance in Georgia
Georgia is, in general, a landlord-friendly state, with no cap in place on the rent or security deposit chargeable. While this makes the state an attractive proposition for prospective landlords, it’s important to remember that tenants are protected by a range of rights, too, and that landlords in the state are required to make several mandatory disclosures. When weighing whether to become a tenant in Georgia or buy a property to rent out, it’s important to understand the legal landscape and your prospective rights and responsibilities to make the best decision.
Disclosure: This article may contain affiliate links, meaning we could earn a commission if you make a purchase through these links.
