Real Property in Georgia

This is general information, not legal advice. A Georgia real estate attorney can help with your specific situation.

Georgia real estate operates under rules that differ meaningfully from many other states. Whether you are buying a first home, renting an apartment, or dealing with an HOA dispute, understanding the state’s baseline rules saves time and prevents costly surprises.

Buyer Beware: No Mandatory Seller Disclosure

Georgia follows the common-law doctrine of caveat emptor — “buyer beware.” There is no state statute requiring a seller to complete a property disclosure form. A seller is not required to volunteer information about the property’s condition unless asked. If asked directly, the seller must answer honestly. Sellers also have a common-law duty to disclose known latent material defects that a reasonable inspection would not uncover, but this is a fraud principle, not a code-specified checklist. Georgia REALTORS publishes a voluntary disclosure form that is widely used in practice and is required when a purchase contract calls for it — but the contract triggers that obligation, not the law.

The practical takeaway for buyers: commission a thorough home inspection and ask specific questions in writing. The risk of undisclosed conditions falls primarily on the buyer.

Attorney-Only Closings

Georgia is one of a small number of attorney-closing states. O.C.G.A. § 44-14-13 requires that all residential real estate closings and disbursements be conducted by an active member of the State Bar of Georgia (or the lender for limited purposes). A non-attorney who closes a real estate transaction and disburses funds commits a misdemeanor. This rule means every Georgia closing involves a closing attorney who prepares the deed, reviews title, and acts as the title insurance agent.

Holding Title: Survivorship Must Be Expressed

When property is conveyed to two or more people without language specifying survivorship, Georgia law creates a tenancy in common by default — meaning each owner’s share passes through their estate at death rather than to the surviving co-owner (O.C.G.A. § 44-6-190). To achieve a joint tenancy with right of survivorship, the deed must expressly use language such as “joint tenants” or “jointly with survivorship.”

Georgia does not recognize tenancy by the entirety, so married couples who want automatic survivorship must use express joint tenancy language in the deed.

Effective July 1, 2024, Georgia added transfer-on-death deeds (O.C.G.A. § 44-17-2), allowing an owner to name a beneficiary who receives the property at death without probate — provided the beneficiary records an acceptance affidavit and death certificate within 9 months of the owner’s death.

Landlord-Tenant Law and the 2024 Safe at Home Act

The Safe at Home Act (HB 404, effective July 1, 2024) significantly updated Georgia’s landlord-tenant statute (O.C.G.A. Title 44, Chapter 7). Key changes include:

• Security deposit cap: for leases entered or renewed on or after July 1, 2024, the total deposit (including any pet deposit) cannot exceed two months’ rent (O.C.G.A. § 44-7-30.1)
• Warranty of habitability: Georgia’s first express statutory warranty, requiring landlords to maintain premises fit for human habitation (O.C.G.A. § 44-7-13(b))
• Pre-filing notice: landlords must give tenants 3 business days’ written notice to pay or vacate before filing a dispossessory (eviction) action for nonpayment (O.C.G.A. § 44-7-50)
• Termination notice: landlords must give 60 days’ written notice to end a month-to-month tenancy; tenants must give 30 days (O.C.G.A. § 44-7-7)

HOAs and Condominiums

Georgia’s Property Owners’ Association Act (O.C.G.A. §§ 44-3-220 through 44-3-235) is an opt-in statute — it applies only to communities whose governing documents adopt it. It gives qualifying HOAs automatic assessment liens and the right to judicially foreclose on unpaid dues once the balance exceeds $2,000 (rising to $4,000 effective January 1, 2027). Condominiums are governed separately under the Georgia Condominium Act (O.C.G.A. §§ 44-3-70 through 44-3-117).

Non-Judicial Foreclosure

Georgia is a non-judicial foreclosure state. Lenders holding a security deed with a power-of-sale clause can foreclose without filing a lawsuit (O.C.G.A. § 44-14-162). The lender must send the borrower certified-mail notice at least 30 days before the sale and publish notice in the county’s official newspaper once a week for 4 consecutive weeks. There is no right of redemption after a non-judicial foreclosure sale in Georgia.

Guides in This Practice Area

• Buying and Selling a Home in Georgia
• How to Hold Title to Property in Georgia
• Landlord-Tenant Law in Georgia
• Evictions in Georgia (Dispossessory Proceedings)
• Foreclosure in Georgia
• HOAs and Condominiums in Georgia

If your situation requires individualized guidance, speak with a Georgia real estate attorney.