What law governs residential tenancies in Georgia?
The Georgia law which governs the management of residential rental property is contained in the Official Code of Georgia, Title 44, Chapter 7. The law sets forth the general rights and responsibilities of landlords and tenants. Besides federal and state law, the management of residential rental property is regulated by local housing codes.
There are also real estate licensing laws which apply to persons who manage property on behalf of the owner and are not full-time employees of the owner.
Under the law, a tenant is one who pays rent for the exclusive right to use the premises, usually for a specified period of time. A boarder or guest is one who pays a fee for the right to use a room and receive services, generally for a short period of time. Guests and boarders have limited protection under the law. If the hotel owner or boarding house owner wants a resident to move, the notice period required is equal to the time for which the occupancy is paid. For example, if payment is made weekly, 1 week’s notice is all that is required, unless payment is past due, in which case no notice is required.
Is it necessary to have a written lease or rental agreement?
A written lease is not required but it is recommended in order to avoid misunderstandings between the parties. If there is no written lease, the tenant is considered a "tenant-at-will". A tenant-at-will has the right to occupy and use the rented premises subject to any restrictions upon which the landlord and tenant have agreed.
What about a signed move-in move-out inspection report?
Georgia law requires that before the tenant pays a security deposit and moves into the premises, the landlord must give the tenant a complete list of any existing damages to the premises signed by the landlord. The list should also contain a written notice of the tenant’s duty to sign or object to the list. The tenant must be allowed to inspect the premises to determine if the list is accurate. The tenant must sign the list or specify in writing the items in dispute, and then sign.
Within 3 business days after the termination of the lease or the surrender and acceptance of the premises (whichever occurs later), the landlord must inspect the unit and prepare a comprehensive list of damages. The landlord must sign the list and provide it to the tenant. The tenant is entitled to inspect the premises within 5 business days after the termination of occupancy. The tenant must sign the move-out inspection list or specify in writing the items in dispute.
The move-in and move-out inspection requirement applies to landlords who collectively own more than 10 rental units, including units owned by their spouse and children, or who employ a management agent, regardless of the number of units owned.
Can the landlord charge a deposit?
Yes, the landlord has the right to charge a security deposit as protection against nonpayment of rent and damages to the premises. If the tenant gives proper notice and vacates without owing any rent or damages, the landlord must return the security deposit within 30 days after the termination or the lease or the surrender and acceptance of the premises, whichever occurs later. A landlord who owns more than 10 rental units, including units owned by their spouse and children, or who employs a management agent, regardless of the number of units owned, must give the tenant written notice of the location and number of the account in which the security deposit is held.
If the landlord is keeping all or part of the deposit, a statement specifying the exact reasons for any deductions must be sent within the 30-day period. The landlord may only deduct amounts necessary to (i) cover unpaid rent, late charges and unpaid utilities for which the tenant is responsible; (ii) cover actual damages caused by the tenant’s breach of the lease; or (iii) compensate for physical damage caused to the premises by the tenant or members of the tenant’s household, pets or guests, not included normal wear and tear.
Georgia law does not require the landlord to pay interest on the security deposit.
The landlord is also allowed to charge an application fee, cleaning fee, pet deposit and an advance rent deposit. Before paying any of these deposits or fees, a tenant should get in writing what the payment is for and under what terms the payment will be refunded. Refundable pet deposits and advance rent deposits are considered a security deposit under Georgia law. Application fees or deposits to hold a unit until the lease is signed are NOT considered security deposits and are usually not refundable.
When is the landlord allowed to increase the rent?
Unless the lease states otherwise, the landlord cannot raise the rent during the term of a written lease. If there is no written lease, the landlord must give the tenant 60 days written notice before raising the rent. The landlord can increase the rent as frequently as he or she desires as long as the 60-day notice is given.
Can the landlord levy additional charges for late rent?
The rent is due on the date stated in the lease or agreed upon by the landlord and tenant. There is no grace period under the law. If a tenant fails to pay the rent on time, the landlord may charge a late fee if the late fee is provided for in the lease. If the lease does NOT allow for a late fee, the landlord is not allowed to impose one.
The landlord has the right to charge a returned check fee if a tenant’s rent check bounces, and can charge the tenant for damages. The service charge for a returned check may not exceed $25 or 5% of the amount of the check, whichever is greater. The landlord can recover up to double the amount of the check for damages, not to exceed $500.
How can a lease be terminated?
A written lease is terminated at the end of the lease term. If there is no written lease, the tenant must give 30 days written notice to terminate the tenancy, and the landlord must give the tenant 60 days notice to terminate the tenancy.
Georgia law does not allow a tenant to break a lease because they are buying a home or being transferred by their employer. However, if a tenant is on active military duty and receives either permanent change of station orders or temporary duty orders in excess of 3 months, the tenant is liable for no more than 30 days rent after the date he or she provides written notice and proof of assignment to the landlord.
Can a tenant assign a lease or sublet the premises?
Some leases contain provisions allowing a tenant to sublet or to assign the lease, with the landlord’s consent. However, it is generally up to the landlord.
When is the landlord permitted to enter the premises?
Unless the lease allows otherwise, the landlord can only enter the property, if such entry is necessary to cure a dangerous condition, prevent destruction or respond to an emergency on the premises. There is no legal requirement that a landlord notify a tenant prior to making entry in any of these circumstances. For other circumstances, such as showing the premises to prospective tenants, notification requirements and entry provisions should be included in the lease. Generally, 24 hours would be considered reasonable advance notice.
On what grounds can a landlord evict a tenant?
The grounds for evicting a tenant are:
(a) non-payment of rent;
(b) failure to surrender the premises at the end of the lease term; or
(c) breach of the lease, including any rules that are part of the lease, if the lease provides such breach entitles the landlord to terminate the lease.
If a tenant-at-will (without a written lease) fails to pay the rent, the landlord is not required to give 60 days notice before terminating the tenancy. The landlord can demand possession and immediately file a dispossessory warrant seeking possession in court.
After giving the tenant the proper notice and filing a dispossessory affidavit, the landlord must then go through the courts to evict a tenant. The landlord cannot physically remove a tenant or the tenant’s belongings without a court order. Once an order has been obtained, a sheriff, marshall or constable may then remove the tenant’s property from the premises if the order states that they may do so.
"Self-help" evictions are not allowed. A landlord cannot change the locks, remove a tenant’s belongings, cut off utilities or otherwise attempt to force a tenant to move out. Evictions must be conducted through the proper court procedure.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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