Georgia landlord-tenant law is found mainly in Title 44, Chapter 7 of the Official Code of Georgia. Georgia is a landlord-friendly state in many respects — no deposit cap, no rent control — but the deposit statute has a tenant-protective twist that surprises landlords: fail to provide a move-in damage list and you may forfeit the right to deduct for pre-existing damage.
Georgia has no statewide rent control, and cities are limited in what tenant protections they can add. Atlanta and a few other municipalities have their own registration and habitability rules, but most of what matters is in Chapter 44-7.
This guide covers deposits, notices, repairs, and evictions in Georgia. It is general information, not legal advice.
| Governing law | O.C.G.A. Title 44, Chapter 7 |
|---|---|
| Security deposit cap | None set by statute |
| Deposit return deadline | Within one month after termination, with an itemized statement of deductions |
| Move-in damage list | Landlords should provide a written list of pre-existing damage at move-in or risk losing the right to deduct for it |
| Month-to-month notice | 60 days to terminate (O.C.G.A. § 44-7-7) |
| Rent control | Prohibited statewide |
Georgia Rental Law at a Glance
Georgia residential tenancies are governed by Chapter 7 of Title 44 of the Official Code of Georgia, which covers leases, deposits, evictions, and the landlord’s duty of care. The federal lead-paint disclosure applies to housing built before 1978.
Georgia law gives landlords broad freedom to set terms, but it protects tenants in specific procedural areas — especially deposit accounting and notice periods. Following the procedures exactly is the difference between a clean eviction and a case that gets dismissed.
Security Deposits and the Move-In Damage List
Georgia does not cap security deposits. At move-in, the landlord is required to provide the tenant with a comprehensive list of any existing damage to the premises (O.C.G.A. § 44-7-33); if the landlord fails to provide the list and the tenant notifies the landlord in writing of existing damage within seven days of occupancy, the landlord cannot later deduct for that pre-existing damage.
After the tenancy ends, the landlord must return the deposit or provide an itemized statement of deductions within one month (O.C.G.A. § 44-7-34). A tenant who proves the landlord withheld the deposit in bad faith may recover the deposit plus additional damages and attorney’s fees (O.C.G.A. § 44-7-35) — confirm the current text for the exact amounts.
The practical rule: tenants should walk the unit at move-in, document everything with photos, and put existing damage in writing within the seven-day window. Landlords should provide the damage list, photograph the unit, and return deposits on time.
Rent Increases and Notice Periods
Georgia prohibits rent control and does not cap rent increases. For a fixed-term lease, the rent is locked for the term. For a month-to-month tenancy, Georgia requires 60 days’ written notice to terminate (O.C.G.A. § 44-7-7), and a rent change at renewal follows the notice period in the lease.
Tenants should verify any increase is in writing and check the lease for the required notice. Landlords should send increases in writing with lease-required notice and keep proof of delivery.
Habitability, Repairs, and Disclosures
Georgia landlords must keep premises in a safe and habitable condition and must maintain structural components, plumbing, and electrical systems. The implied warranty of habitability is enforced through case law and statute, and tenants can pursue remedies through the courts rather than self-help.
Required disclosures include the federal lead-paint form for pre-1978 housing. Georgia also requires working smoke detectors in rental units, and some municipalities require rental registration or inspections.
Evictions and Termination in Georgia
Georgia evictions are dispossessory proceedings filed in magistrate court. For nonpayment of rent, the landlord serves a written demand; if the tenant does not pay or vacate within the notice period, the landlord files a dispossessory affidavit, and the court schedules a hearing. Verify the current notice period in O.C.G.A. § 44-7-50 before relying on a specific number.
Tenants served with a dispossessory summons must file an answer before the hearing date. Legal help is available through Georgia Legal Aid and Atlanta Legal Aid; eviction timelines in Georgia move quickly, so respond immediately.
Resolving Disputes in Georgia
Most Georgia landlord-tenant disputes are heard in magistrate court, which handles dispossessories and small claims up to its jurisdictional limit. Start with a written demand letter citing the statute, then file if the landlord does not respond.
Documentation decides the case: the lease, the move-in damage list, photos, written notices, and proof of mailing. Keep copies of everything.
Guide reviewed 2026-08-19. Rental laws change frequently; verify the current statute text before relying on any rule on this page. This information is not legal advice.