Georgia Renter Rights: Guide to Laws, Evictions, and Repairs

Knowing your rights as a renter in Georgia can help protect you from unfair treatment and keep your housing stable. Georgia’s tenant-landlord laws provide important protections, covering security deposits, evictions, repairs, and more. This guide explains what every renter in Georgia needs to know—and what to do if you have a problem.

Who Oversees Renter Rights in Georgia?

In Georgia, rental housing laws are handled by state courts. There is no dedicated residential tenancy tribunal. For rentals and eviction disputes, cases are usually filed in the Georgia Magistrate Courts (sometimes called small claims courts). These courts manage evictions, landlord disputes, and most rental complaints.

The core law is the Georgia Landlord-Tenant Act (O.C.G.A. Title 44, Chapter 7), which defines duties, deposits, repairs, and more.^[1]

Your Right to a Safe and Habitable Home

Under Georgia law, landlords must keep rental units in livable condition. This is called the “implied warranty of habitability.” It means your home must be safe, structurally sound, and have basic utilities like heat and water.^[2]

• Heating, plumbing, and electrical systems must work
• The property must be free of dangerous conditions (e.g., no exposed wiring, major leaks, or pest infestations)
• Common areas—like hallways and laundry rooms—must be kept clean and safe

Requesting Repairs

If something needs fixing, you should notify your landlord in writing. Georgia law does not require a specific form, but written requests help document your case if there’s a dispute. If a serious problem isn’t fixed, you can report health or safety code violations to your city or county code enforcement office.

Security Deposit Rules

Georgia has clear rules for collecting, holding, and returning security deposits:^[3]

• Landlords cannot charge more than two months’ rent as a security deposit
• Deposits must be returned within 30 days after you move out
• Landlords must provide a written, itemized list of any deductions for damages (not normal wear and tear)
• If you disagree with deductions, you can dispute them in Magistrate Court

Security Deposit Dispute Action

If your landlord does not return your security deposit or you disagree with deductions, you may file a lawsuit in your local Magistrate Court.^[4]

• Form: Statement of Claim (Magistrate Court Form)
• When to use: If you believe your landlord has wrongfully withheld part or all of your security deposit.
• Example: If your landlord refuses to return your $1,000 deposit or claims excessive cleaning charges, you can fill out this form and file it with your county Magistrate Court.

Eviction Laws and Process

Georgia law requires landlords to follow a specific legal process to evict a renter:

• Notice: Your landlord must provide written notice to you before filing for eviction (there is no minimum notice required by law, but your lease may specify a timeframe)
• Filing: If you do not move out, the landlord can file a “dispossessory affidavit” in Magistrate Court
• Response: You have seven days to file an answer after being formally served
• Hearing: A hearing is scheduled, and both sides can present their case

Evictions for nonpayment, lease violation, or other reasons must follow these steps. Landlords cannot remove you without a court order.

Eviction Forms for Georgia Renters

• Form: Answer to Dispossessory Action
• When to use: If you receive an eviction notice (“dispossessory action”) from your landlord and want to contest it in court.
• Example: If you believe the eviction is unfair or the landlord didn’t follow correct procedure, file this form within 7 days at the Magistrate Court listed on your notice. Find your local Magistrate Court.

Your Right to Privacy

Landlords can only enter your home for certain reasons (like repairs or inspections) and must give "reasonable notice." Georgia does not specify exactly how much notice, so 24 hours is generally considered fair. Entry without notice, or at unreasonable times, is not allowed except for emergencies.

Rent Increases & Lease Changes

Georgia does not limit how much rent a landlord may charge or raise, but increases must follow the timing and notification rules in your lease. For month-to-month tenants, at least 30 days’ notice is recommended before a rent rise.

Always ask for any lease changes, including rent increases, to be provided in writing for your records.

What to Do if You Have a Dispute

If you can’t resolve problems directly with your landlord, keep written records and consider contacting your local housing authority. For formal claims (like withholding deposits or contesting eviction), file the appropriate form with your local Magistrate Court.

Frequently Asked Questions

1. How quickly must my landlord return my security deposit in Georgia?
   Landlords must return your deposit within 30 days after you move out, with an itemized list if any deductions are made.
2. Can my landlord evict me without a court order?
   No, landlords must file a dispossessory action in Magistrate Court and get an order to evict you.
3. What do I do if I get an eviction notice?
   You should file an Answer to Dispossessory Action in Magistrate Court within 7 days to contest the eviction.
4. Who do I contact for bad living conditions or urgent repairs?
   First, notify your landlord in writing. If not fixed, report issues to your city/county code enforcement or local housing authority.
5. Is there rent control in Georgia?
   No, Georgia does not have rent control laws. Landlords can set and raise rent as allowed by your lease agreement.

Key Takeaways for Georgia Renters

• Landlords must provide safe, livable homes and return deposits within 30 days
• All evictions must go through the legal Magistrate Court process
• Know and use official Georgia forms if your rights are being challenged

Understanding Georgia’s rental laws gives you clarity and peace of mind as a renter.

Need Help? Resources for Renters

• Georgia Magistrate Courts: Handles evictions, rental claims, and disputes
• Georgia state housing information: Resources for renters
• Your local code enforcement office: For complaints about unsafe or unlivable conditions
• Atlanta Legal Aid Society: Free or low-cost legal help for eligible renters

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1. Georgia Landlord-Tenant Act (O.C.G.A. Title 44, Chapter 7)
2. Landlord’s duty to keep premises in repair (Georgia Code 44-7-13)
3. Georgia Security Deposit Law
4. Find your local Georgia Magistrate Court

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