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Georgia Landlord Tenant Law

Georgia Landlord Tenant Law

Georgia Landlord Tenant Law: Understanding Your Rights and Responsibilities

Renting a property can be a great way to have a comfortable place to live without the burden of owning a property or paying a large mortgage. However, it can also be a source of stress if you don’t understand the legalities and responsibilities that come with being a landlord or a tenant. It is vital that you understand the Georgia landlord-tenant laws and know your rights and obligations to avoid any misunderstandings or conflicts that could arise in the future.

This article provides an overview of Georgia’s landlord-tenant laws, including the state’s leasing regulations, required disclosures, security deposit laws, eviction procedures, and other factors that you must consider when renting a property.

Tenancy Types in Georgia

There are two primary types of tenancies in Georgia, namely the periodic tenancy and the term tenancy. A periodic tenancy may be week-to-week, month-to-month, or year-to-year, and it continues until either party gives proper notice to terminate the lease. If you have a term tenancy, it is for a set period of time, and you can’t end it early without the landlord’s permission.

Lease agreement

A lease agreement is a legally binding contract between the landlord and tenant that outlines the terms of the tenancy, including rent amount, payment due date, security deposit, the length of the lease, and more. It is advisable that all lease agreements be in writing to minimize any conflicts that could arise in the future. In Georgia, some provisions are required by law to be included in the lease, including the following:

1. The total rent amount and any late fees must be stated upfront. If they change during the lease period, the tenant must be officially notified in writing of any changes.

2. The lease must include the landlord’s name and address. If your landlord resides out of state, then, they must provide a verified agent or officer responsible for the property’s maintenance.

3. The lease must include all necessary provisions for maintenance requests, such as emergency contact numbers, who to call when a problem arises, and written documentation of the request.

4. The landlord’s right of entry must be outlined in the lease agreement. Georgia law requires the landlord to have “”reasonable notice”” before entering the property.

5. It should also include information about subletting, the use of the property, parking, and other non-standard conditions.

Tenant Protection Laws

Security Deposit Laws

Security deposits are taken by landlords as a form of insurance against damages to the property caused by the tenant, which can be deducted at the end of the lease term. Georgia law places a limit on how much a landlord can charge as a security deposit. This amount should not exceed two months’ rent for single-family homes and one month’s rent for multi-family homes. Furthermore, the law requires the landlord to provide an itemized list of all deductions made from the security deposit at the end of the lease, within three weeks after lease termination.

Tenant Evictions

Under Georgia law, tenants can be evicted for not paying rent, causing significant damage to the property, or unless they violate any substantial agreement terms stated in the lease contract, such as subletting without the landlord’s permission. Evictions can only be carried out through the court. Georgia requires that the landlord provides a termination notice to the tenant in writing, allowing the tenant at least 7 days to fix the violations (such as paying back rent) or vacate the property. If the tenant fails to act, the landlord can file a formal eviction lawsuit.

Warranty of Habitability

It is the responsibility of the landlord to ensure that the rental property is safe, clean and habitable. Georgia landlords must provide tenants with a property that has the fundamental necessities and is in good condition, with access to hot water, must have proper plumbing and sewage systems, a functional heating and cooling system, and proper electrical wiring. Failure to do so does entitle the tenants to move out of the property without notice. However, Georgia law requires tenants to give landlords proper notice about inadequate housing conditions and should provide landlords with a reasonable grace period to make reparations before considering eviction or moving out.

Fair Housing

Georgia laws prohibit landlords from discrimination against tenants due to their nationality, religion, age, gender, race or disabilities. This includes refusal to rent or negotiate to rent, to provide different rental terms or privileges, show preference, or falsely claim that a property is full or not available.

Disclosure Laws

Before signing a lease agreement, landlords must disclose certain information to tenants, including the following:

1. Lead paint disclosure: If a rental property was built before 1978, tenants must be informed about the lead-based paint used in the property. Landlords must include a specific clause in the lease agreement outlining the tenant’s right to Information pertinent to the exposure of lead paint.

2. Bedbug disclosure: Landlords must disclose any known infestations to potential tenants as a part of the leasing agreement in Georgia.

3. Landlord identity disclosure: Georgia requires landlords to disclose any information about the ownership structure of the property, including names, contact information, or business entities.

4. Mold Disclosure: Ensure Tenants are informed of the risk of mold on the property. If still unsure on the process please consult with Georgia’s Department of Public Health

Conclusion

In conclusion, it’s crucial to familiarize yourself with Georgia’s landlord-tenant lawif you are currently renting or considering renting in the state. It’s important that you understand your rights and responsibilities. By being aware of all the pertinent legal information, tenants and landlords can work together to ensure a happy and healthy living arrangement. This awareness and compliance lessen the risk of costly fees, court appearances, and on-going or complicated landlord-tenant relationships.


Quick Guide to Georgia Landlord/Tenant Law

Georgia Landlord Tenant Laws

Georgia landlords and tenants each have specific responsibilities and rights under Georgia landlord tenant law, and this article will discuss maintenance obligations of the landlord and the tenant as well as other commonly disputed problems.

Two of the best resources on the internet for Georgia landlord tenant laws are the following links under the U.S. Department of Housing and Urban Development and the GA Legal Services Program:

• https://portal.hud.gov/hudportal/HUD?src=/states/georgia/renting/tenantrights

• https://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

Georgia Landlord Tenant Law on Maintenance and Repair

Both the landlord and the tenant have specific obligations so repairs can be made on time and the landlord/tenant relationship is not affected.  Under Georgia landlord tenant laws, a landlord is obligated to make repairs in a reasonable amount of time included in 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

A tenant is also obligated to respect the property and perform all of the following duties under Georgia landlord tenant law:

• Pay the rent on time

• Keep the rental property in safe and sanitary condition

• Immediately notify the landlord of any minor or severe maintenance problems

• Leave the rental property in good condition besides for normal wear and tear

Commonly Disputed Cases

There are many disputed circumstances within Georgia  landlord tenant law, and many of these cases result from a small dispute in an otherwise good landlord/tenant relationship.  The state encourages the landlord and tenant to resolve issues before they go to court, but some cases require litigation when rights have been violated in the following Georgia landlord tenant laws and subjects:

Security Deposit

Under Georgia landlord tenant law, a landlord is required to return a security deposit within 30 days if the tenant paid all of their rent, gave the landlord proper notification before moving out, and left without causing any damages to the property besides normal wear and tear.

Additionally, Georgia landlord tenant laws require a landlord with 10 or more rental units—including those owned by a spouse or children—to place all deposits in a bank escrow account for security deposits alone.  The landlord is required to give the tenant a written notice of where the deposit is located under Georgia landlord tenant law, but the landlord doesn’t have to give the account number.  Such information is important when a tenant disputes the withholding of a deposit.

Withholding Rent for Maintenance 

Under Georgia landlord tenant laws, a tenant can withhold rent if the landlord has not taken proper action to make a repair.  If the landlord tries to unlawfully evict the tenant for such an action, the tenant can maintain their residence if they gave the landlord proper notification, enough time to make the repair, and properly escrowed the rent under Georgia landlord tenant law.