Landlord-Tenant Law in Georgia

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

The Safe at Home Act: What Changed in 2024

Georgia’s landlord-tenant statute (O.C.G.A. Title 44, Chapter 7) received its most significant overhaul in years when the Safe at Home Act (HB 404) took effect July 1, 2024. The Act introduced a security deposit cap, Georgia’s first express warranty of habitability, and new pre-eviction notice requirements. The changes apply to leases entered into or renewed on or after July 1, 2024; older leases are not retroactively affected.

Security Deposits

For qualifying leases, the total security deposit — including any pet deposit — cannot exceed two months’ rent (O.C.G.A. § 44-7-30.1). Landlords who collect more than the cap risk penalties.

After the tenancy ends, the landlord must return the deposit within 30 days of regaining possession of the unit (O.C.G.A. § 44-7-34). If the landlord withholds any portion, they must provide the tenant with an itemized written statement explaining each deduction. Ordinary wear and tear — the gradual deterioration expected from normal use — cannot be charged against the deposit.

A landlord who withholds money from the deposit in bad faith faces a penalty of up to three times the wrongfully withheld amount, plus attorney fees. Tenants who believe a deduction was improper should send the landlord written demand and, if necessary, file suit in Magistrate Court.

Warranty of Habitability

Before the Safe at Home Act, Georgia had no express statutory obligation requiring landlords to maintain livable conditions. That changed on July 1, 2024, when O.C.G.A. § 44-7-13(b) created Georgia’s first statutory warranty of habitability. Landlords are now legally required to maintain the premises in a condition fit for human habitation throughout the tenancy. This means functioning heating, plumbing, and structural integrity — conditions that make a unit safe and livable.

Tenants whose landlords fail to address serious habitability problems can assert the warranty as a defense in eviction proceedings or pursue other available remedies.

Landlord Entry

Georgia has no statute specifying how much advance notice a landlord must give before entering a rental unit. Most written leases include a notice provision — typically 24 hours — and landlords should follow whatever the lease requires. Entering without any notice or justification can give rise to a claim for breach of the covenant of quiet enjoyment.

Lease Types and Termination Notice

Georgia recognizes several lease types. Fixed-term leases (such as a one-year lease) automatically terminate at the end of the term unless renewed. Month-to-month tenancies continue until either party provides proper notice.

For month-to-month tenancies (O.C.G.A. § 44-7-7):

• A landlord must give 60 days’ written notice before terminating.
• A tenant must give 30 days’ written notice before terminating.

Failing to provide the correct notice can result in liability for rent beyond the intended move-out date or, for landlords, a claim for wrongful eviction.

Tenant Remedies

Tenants who face habitability problems, illegal security deposit withholding, or other landlord violations have several options. They can negotiate directly with the landlord, file a complaint with local code enforcement, assert defenses in any eviction proceeding, or bring a civil claim in Magistrate Court for amounts up to $15,000. For more serious disputes involving significant damages or complex legal issues, consulting a tenant’s rights attorney is advisable.

If you need help understanding your rights or obligations as a landlord or tenant, a Georgia real estate attorney can advise you based on your specific lease and circumstances.