{"id":166222,"date":"2024-01-10T08:47:38","date_gmt":"2024-01-10T13:47:38","guid":{"rendered":"https:\/\/thegeorgiasun.com\/?p=166222"},"modified":"2024-01-10T08:47:43","modified_gmt":"2024-01-10T13:47:43","slug":"does-georgia-state-law-favor-the-tenant-or-the-landlord","status":"publish","type":"post","link":"https:\/\/thegeorgiasun.com\/?p=166222","title":{"rendered":"Does Georgia State Law Favor the Tenant or the Landlord?"},"content":{"rendered":"\n<p>While state law in Georgia is designed to be fair to both the tenant and the landlord, it\u2019s broadly considered to be landlord-friendly, and we\u2019ll dive into the reasons for this below. If you\u2019re thinking of either renting a property as a tenant in Georgia or letting out a property as a landlord, it\u2019s important to know as much as possible about the rights and responsibilities attached to each scenario.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><a><\/a>The Rental Application<\/h2>\n\n\n\n<p>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\u2019s usually in the range of $50.<\/p>\n\n\n\n<p>Where <a href=\"https:\/\/www.investopedia.com\/terms\/s\/security-deposit.asp\">security deposits<\/a> are concerned, Georgia comes down in the landlord\u2019s 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\u2019s rent. However, the fact that there is no limit in place means it\u2019s possible you could be required to supply, for example, a deposit that represents a hefty two months&#8217; worth of rent.<\/p>\n\n\n\n<p>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\u2019s dog or cat destroying the carpet\u2026but maybe not such good news for the tenant who wants to move their furry friend in with them.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><a><\/a>Required Disclosures<\/h2>\n\n\n\n<p>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 <a href=\"https:\/\/health.clevelandclinic.org\/lead-paint-dangers\">lead paint<\/a> and must also disclose if the property has flooded three or more times in the last five years.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><a><\/a>Rental Control Laws<\/h2>\n\n\n\n<p>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 &#8211; there is no upper limit &#8211; meaning the price is almost entirely based on the <a href=\"https:\/\/thegeorgiasun.com\/2023\/12\/18\/atlanta-rents-more-choices-more-competition-in-2023\/\">rental market<\/a>.<\/p>\n\n\n\n<p>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\u2019t increase the amount of monthly rental payment due during the course of an existing lease.<\/p>\n\n\n\n<p>And when it comes to late fees? There are no limits here, either, on what a landlord can charge their tenant.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><a><\/a>Renters Insurance<\/h2>\n\n\n\n<p>While tenants are not legally required to have renters insurance in Georgia, taking out a policy is highly recommended. It\u2019s also more affordable than you may think: <a href=\"https:\/\/www.lemonade.com\/renters\/explained\/georgia-renters-insurance\/#cost\">renters insurance in Georgia costs around $27\/month<\/a> and provides valuable cover in the event that your belongings get stolen or damaged. While it\u2019s not mandatory in terms of the law, a landlord may require you to have renters insurance, and it\u2019s not unusual to see this as a clause in a lease.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><a><\/a>The Rights of Georgia Tenants<\/h2>\n\n\n\n<p>While it may seem as if state law in Georgia is firmly in a landlord\u2019s favor, it\u2019s important to remember that tenants are protected by plenty of rights, too. These include the right to:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Live in a habitable property that meets local health and housing codes.<\/li>\n\n\n\n<li>Request repairs and, in certain cases, use the \u2018repair and deduct\u2019 remedy, which means deducing the cost of repairs required from the rent payment owed.<\/li>\n\n\n\n<li>Receive fair treatment from the landlord.<\/li>\n\n\n\n<li>Live in the property without interference to their right of quiet enjoyment.<\/li>\n<\/ul>\n\n\n\n<p>Tenants in Georgia have the sort of responsibilities you\u2019d 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.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><a><\/a>The Takeaway: The Landlord-Tenant Balance in Georgia<\/h2>\n\n\n\n<p>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\u2019s 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\u2019s important to understand the legal landscape and your prospective rights and responsibilities to make the best decision.<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>While state law in Georgia is designed to be fair to both the tenant and the landlord, it\u2019s broadly considered to be landlord-friendly, and we\u2019ll dive into the reasons for this below. If you\u2019re thinking of either renting a property as a tenant in Georgia or letting out a property as a landlord, it\u2019s important [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":130916,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"newspack_featured_image_position":"","newspack_post_subtitle":"","newspack_article_summary_title":"Overview:","newspack_article_summary":"","newspack_hide_updated_date":false,"newspack_show_updated_date":false,"footnotes":""},"categories":[3513],"tags":[],"class_list":["post-166222","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-tips-and-knowledge","entry"],"_links":{"self":[{"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=\/wp\/v2\/posts\/166222","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=166222"}],"version-history":[{"count":0,"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=\/wp\/v2\/posts\/166222\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=\/wp\/v2\/posts\/130916"}],"wp:attachment":[{"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=166222"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=166222"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=166222"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}