As a tenant in Georgia, it is important to understand your rights and responsibilities under Georgia law. These rights are designed to protect tenants from unfair treatment by landlords and ensure safe, comfortable, and habitable living conditions. In this article, we will cover Georgia tenant rights in detail, including security deposits, rent payments, eviction notices, and more.
Security Deposits
When you first move into a rental property, your landlord may require you to pay a security deposit. This deposit is designed to protect the landlord from any damages you may cause to the property during your tenancy. Under Georgia law, your landlord is required to return your security deposit within 30 days of your move-out date, minus any deductions for damages or unpaid rent.
To ensure that you receive your full security deposit back at the end of your tenancy, it is important to document the condition of the property when you move in and out. Take photos or video of the property and keep a written record of any damages or repairs needed. This documentation can be used as evidence in case of a dispute.
Rent Payments
Under Georgia law, landlords are required to provide tenants with a written lease agreement that outlines the terms and conditions of the rental agreement. This lease agreement should include the amount of rent you are required to pay, the due date for rent payments, and any penalties for late or missed payments.
If you are unable to pay your rent on time, you should contact your landlord immediately to discuss the issue. Your landlord may be willing to work out a payment plan or alternative arrangements to help you avoid eviction. However, if you fail to pay your rent for an extended period of time, your landlord may file an eviction notice.
Eviction Notices
If your landlord decides to evict you from your rental property, they must provide you with a written notice of eviction. This notice must include the reason for the eviction, the date by which you must vacate the property, and any other relevant information.
Under Georgia law, landlords are required to give tenants at least 60 days’ notice before starting the eviction process. This gives tenants time to find a new place to live and make arrangements for their belongings. In addition, tenants have the right to dispute the eviction notice in court if they believe it was issued unfairly or without a valid reason.
Maintenance and Repairs
Landlords in Georgia are required to maintain safe and habitable living conditions for their tenants. This includes making necessary repairs and ensuring that all utilities, such as heating and air conditioning, are in working order. If you notice any maintenance issues or repairs that need to be made, you should notify your landlord in writing as soon as possible.
If your landlord fails to make necessary repairs, you may have the right to withhold rent or terminate your lease agreement. However, it is important to follow the proper legal procedures and document any actions you take.
Subleasing
In Georgia, tenants have the right to sublease their rental property to another individual with the consent of their landlord. However, your lease agreement may include specific restrictions on subleasing, so it is important to review your lease agreement carefully before subleasing.
If you do decide to sublease your rental property, you must ensure that your subtenant is aware of all the terms and conditions of the lease agreement, including the rent amount and due date, any applicable penalties, and any other relevant information.
Conclusion
As a tenant in Georgia, it is important to understand your rights and responsibilities under Georgia law. These rights are designed to protect tenants from unfair treatment by landlords and ensure safe, comfortable, and habitable living conditions. By following these guidelines and keeping detailed documentation of your rental property, you can ensure a smooth and enjoyable tenancy experience.
Quick Guide to Georgia Tenant Rights
Georgia Tenant Rights
A Georgia tenant has multiple rights under state law, and there are several public resources anyone can use to fully understand their complete Georgia tenant rights.  The following website under the U.S. Department of Housing and Urban Development will provide a GA citizen with important resources they can use research a specific Georgia tenant right:
The majority of this article will discuss Georgia tenant rights under the 10th revised version of the GA Landlord Tenant Handbook.  The complete guide can be found at the following link.
Michigan Tenant Right against Discrimination
Under Georgia law, no person can be denied their renting privileges by a landlord, managing agent, real estate broker, or salesperson according to their race, color, religion, sex, sexual orientation, marital status, national origin, familial status, source of income (in most cases), or disability. Â In some cases, the landlord may be able to prefer a roommate of a certain gender if renting out a room.
Georgia Tenant Rights for Maintenance of Property
A Georgia tenant right lets the leasee contest certain obligations under a lease. Â A Georgia tenant right for maintenance is violated if a landlord requires a tenant make repairs in any of the following areas:
1. Maintaining the building structure
2. Keeping electric, heating, and plumbing devices operational if there is no fault form the tenant
3. Repairing all appliances including heating and air conditioning
4. Repairs to meet local ordinances and minimum safety standards
Unlike some other states, a landlord cannot charge a tenant who has terminated a lease for normal wear and tear damages.
Georgia Tenant Right to Withhold Rent
If a tenant has notified a landlord of damages to the property that must be repaired by the landlord, given the landlord a enough time to make the repairs, and has paid all rent on time up to date, they have a Georgia tenant right to escrow rent.
If the landlord has filed a dispossessory against a tenant, the tenant has a right to make any counterclaims against the landlord for damages caused by the landlord’s specific breach of the lease contract for failure to make reasonable repairs in a proper amount of time.  According to the Georgia landlord tenant handbook, the Georgia tenant rights to a counterclaim will only be honored if the tenant has made reasonable claims.
If the counterclaim dismisses the landlord’s dispossessory claim, Georgia tenant rights allow the tenant to seek compensatory damages.  Of course, these damages include fixing the property before anymore rent will be owed, but the tenant can also seek other damages.  The tenant will have to provide documented proof of these damages, so if you believe you want to receive any of the following damages, you should make sure to record all valuable data:
• time spent filing an answer and counterclaim
• work hours missed
• travel expenses
• attorneys fees
• all wrongful filing damages from the landlord if the tenant stays in the unit
