Georgia tenant rights

Guides for Georgia renters

Security deposit in Georgia

Limit

Two months' rent, for leases signed or renewed on or after July 1, 2024 (Safe at Home Act, HB 404, Act 392 of 2024; O.C.G.A. § 44-7-30.1).

Deadline to return it

Within 30 days after the lease ends or you move out, whichever is later, all landlords must return the deposit, or send a written statement of the damage, its estimated cost, and a refund of the difference. It is mailed to your last known address (which may be the unit you left), so give your new address. If it comes back undeliverable and the landlord cannot find you after a reasonable effort, the landlord may keep it 90 days after mailing.

Itemized list

Yes. A notice identifying the damage and the estimated dollar amount, sent within 30 days. Larger landlords (more than 10 units, counting units owned by a spouse or children, or using a management agent) must also inspect within 3 business days after the lease ends and give you a signed move-out damage list; you have 5 business days to inspect and sign it or note in writing what you disagree with. Receipts are not required.

What may be deducted

Damage beyond normal wear and tear caused by you, your household, pets or guests; unpaid rent or late charges; unpaid pet fees; unpaid utilities that were yours under the lease; and damage caused by ending the lease early. Repair costs should reflect the age and condition of the item at move-in.

Interest

No. No interest requirement (you may claim interest on money wrongfully withheld in a lawsuit).

Separate account

Yes, for landlords with more than 10 units (including those of a spouse or children) or a management agent: the deposit must be kept in a separate escrow bank account used only for deposits, or the landlord must post a bond with the superior court clerk, and must tell you in writing where the deposit is held.

Move-in checklist

Yes, for landlords with more than 10 units or a management agent: before taking the deposit, the landlord must give you a complete list of existing damage, let you inspect the unit to check it, and both of you must sign it. Keep a copy.

If the landlord keeps it wrongly

You can sue for the deposit wrongly kept, interest, attorney fees and court costs. A landlord with more than 10 units or a management agent can be liable for three times the amount wrongly withheld plus attorney fees, unless it was an honest mistake despite reasonable efforts to avoid it. You can generally recover only for damage items you disputed on the move-out list.

Law

O.C.G.A. §§ 44-7-30 to 44-7-37

How to get your deposit back

1. Before you move out, clean, take dated photos and video of every room, and return all keys.
2. Give your landlord your new address in writing. In Georgia: It is mailed to your last known address (which may be the unit you left), so give your new address.
3. Wait for the deadline: Within 30 days after the lease ends or you move out, whichever is later, all landlords must return the deposit, or send a written statement of the damage, its estimated cost, and a refund of the difference.
4. If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
5. If that doesn't work, sue in small claims court. Limit: $15,000 in magistrate court for people and businesses; a new law raises it to $25,000 for cases filed on or after January 1, 2027. Small claims court in Georgia on Small Claims Map

Full Georgia security deposit guide

Repairs in Georgia

The landlord's duty

The landlord must keep the premises in repair, and for leases signed or renewed on or after July 1, 2024 (Safe at Home Act), every residential lease is deemed to include a promise that the home is fit for human habitation. The landlord must maintain the building structure, keep electric, heating, cooling and plumbing working, and use ordinary care to keep the unit safe. Unless the lease says otherwise, the landlord does not have to fix problems that were obvious at move-in (unless they make the unit unsafe or uninhabitable), clean carpets, or supply appliances it did not provide. O.C.G.A. § 44-7-13.

How to ask for repairs

Give the landlord prompt notice of the problem, in writing and following any notice rules in your lease. The landlord must repair within a reasonable time (depends on how serious the problem is). If not, you can sue for damages, raise the problem as a counterclaim in an eviction, repair-and-deduct, or call your local housing code inspector.

Repair and deduct

Allowed under Georgia case law, as described in the state handbook: notify the landlord in writing first, give a reasonable time, have a qualified licensed professional do the repair at a reasonable cost, keep estimates and receipts, and subtract the cost from the next rent. Not for common areas. The landlord may dispute whether the repair was needed or the cost was reasonable.

Withholding rent

Not allowed. Keep paying rent even if the landlord does not repair; if you stop paying, the landlord can start an eviction. In rare cases of 'constructive eviction' (the home becomes unfit and you move out), you do not owe further rent.

Law

O.C.G.A. § 44-7-13

Full Georgia repair rights guide

Landlord entry in Georgia

No statute. The lease decides when and how the landlord may enter. If the lease does not give the landlord a right to enter, you can refuse entry except in an emergency. (Georgia Landlord-Tenant Handbook.)

Eviction in Georgia

Notice for unpaid rent

For leases signed or renewed on or after July 1, 2024 (Safe at Home Act): before filing for unpaid rent, the landlord must give you a written notice to pay all past-due rent, late fees, utilities and other charges or move out within 3 business days. The notice must be posted on your door in a sealed envelope and also delivered by any other method your lease names. After you are served with the eviction, you may still stop a nonpayment case once in any 12 months by paying all rent, fees and court costs within 7 days ('tender' defense). O.C.G.A. §§ 44-7-50(c), (d), 44-7-52.

Notice for a lease violation

No statutory cure period. The landlord must demand possession (orally or in writing) before filing; follow any notice terms in your lease.

Ending a month-to-month tenancy

Tenancy-at-will (including month-to-month without a lease): the landlord must give 60 days' notice to end it or change the rent; the tenant must give 30 days' notice. O.C.G.A. § 44-7-7.

Time to respond to an eviction lawsuit

7 days after you are served with the dispossessory affidavit (if the 7th day is a weekend or holiday, the next business day). Answer orally or in writing and include all defenses and counterclaims. If the case is not decided within 2 weeks of service, you must pay rent into court. O.C.G.A. §§ 44-7-51, 44-7-54. Since July 1, 2025 (HB 270, the 'Eviction Service Act'), the eviction papers may also be served by an approved private process server, not only a sheriff or constable; if no one is home, they can be posted on your door and mailed the same day.

Lockouts and utility shutoffs

Yes. The landlord must go through the court dispossessory process; changing the locks or putting you out without a court order is illegal, and during an eviction case it is illegal for the landlord to knowingly and willfully cut off heat, cooling, light or water before the judge decides. (Georgia Landlord-Tenant Handbook; O.C.G.A. § 44-7-14.1.)

Court self-help

The court's eviction self-help page

Law

O.C.G.A. §§ 44-7-7, 44-7-14.1, 44-7-50 to 44-7-55

Full Georgia eviction guide

Rent increases and rent control in Georgia

Notice of a rent increase

Tenancy-at-will: 60 days' notice of a rent increase. During a lease, rent can be raised only if the lease allows it. (Georgia Landlord-Tenant Handbook.)

Rent control

No statewide rent control or rent cap.

Late fees in Georgia

No statute sets a cap. Late fees must be in the lease; unpaid late fees may be deducted from the deposit and may be demanded in the 3-business-day pay-or-vacate notice.

Retaliation in Georgia

The landlord may not retaliate because you asked for repairs, organized or joined a tenant group about health or safety, filed a good-faith code complaint with a government agency, or tried to enforce your rights under the lease or law. If within 3 months the landlord files an eviction, cuts off access, reduces services, raises rent, ends the lease, or materially interferes with your rights, retaliation is presumed unless the landlord shows a lawful reason. Remedy: one month's rent plus $500, court costs and possibly attorney fees, minus any amount you owe. Evictions for unpaid rent, serious misconduct or holding over are allowed. O.C.G.A. § 44-7-24.

Small claims court in Georgia

Deposit disputes usually go to small claims court, where you don't need a lawyer.

Limit: $15,000 in magistrate court for people and businesses; a new law raises it to $25,000 for cases filed on or after January 1, 2027.

Where to get free help in Georgia

• Georgia Department of Community Affairs: Georgia Landlord-Tenant Handbook
• Georgia Attorney General Consumer Protection Division: Landlord-Tenant Issues
• Georgia Magistrates Council: self-help forms for magistrate court
• Georgia Legal Services Program (all counties outside metro Atlanta) · 1-833-457-7529
• Atlanta Legal Aid Society (Fulton, DeKalb, Cobb, Gwinnett, Clayton) · 404-524-5811

Good to know in Georgia

• Since the 2024 Safe at Home Act, every Georgia lease includes a promise that the home is fit to live in, deposits are capped at two months' rent, and landlords must give a 3-business-day pay-or-vacate notice before filing for unpaid rent.
• You have only 7 days to answer an eviction. You can stop a nonpayment eviction once a year by paying everything owed plus court costs within those 7 days.
• Carefully check the move-out damage list from a larger landlord: if you do not dispute an item in writing, you generally cannot recover that amount later.

Recent law changes

Safe at Home Act (HB 404, Act 392, signed April 22, 2024, effective July 1, 2024; applies to leases entered into or renewed on or after July 1, 2024): every lease is deemed to promise the home is fit for human habitation (§ 44-7-13), security deposits capped at two months' rent (§ 44-7-30.1), 3-business-day notice to pay or vacate before filing for nonpayment, posted in a sealed envelope on the door (§ 44-7-50), and 'utilities' now includes cooling (§ 44-7-14.1). 2025: HB 270 (Act 255, effective July 1, 2025) lets approved process servers serve eviction papers (§ 44-7-51); HB 399 (Act 315, effective July 1, 2025) requires out-of-state owners of single-family or duplex rentals to use a licensed broker with in-state staff to handle tenant maintenance communications (§ 44-7-25). The small claims (magistrate court) limit rises to $25,000 on January 1, 2027.

Free tools for Georgia renters

Pre-set for Georgia. They run in your browser and send nothing.

Deposit return calculator for Georgia

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.

Security deposit demand letter for Georgia

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Repair request letter for Georgia

Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.

Eviction notice timeline for Georgia

Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.

Questions about renters' rights in Georgia

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