Published 2026-09-25 · 16 min read

Georgia Landlord-Tenant Law 2026: The Plain-English Guide

Georgia residential rentals run on Chapter 7 of Title 44 (O.C.G.A. §§ 44-7-1 et seq.). Georgia is still called landlord-friendly — a fast dispossessory process, no rent control, no statutory late-fee cap — but that description is two years out of date where it costs landlords money. The Safe at Home Act (House Bill 404, effective July 1, 2024) capped security deposits for the first time in Georgia history, wrote a fit-for-human-habitation duty into every dwelling lease, added cooling to the utilities a landlord may not shut off, and put a three-business-day notice to vacate or pay in front of every nonpayment filing. House Bill 399 (effective July 1, 2025) added a licensed-broker requirement for out-of-state owners. Where the older version of this page stated a rule Georgia has changed, this guide says so.

The numbers that matter

• Deposit cap: two months' rent, for leases entered into or renewed on or after July 1, 2024 (§ 44-7-30.1). Before that date Georgia had no cap.
• Deposit custody: an escrow account established only for that purpose at a regulated institution, held in trust, with written notice of its location — or a surety bond under § 44-7-32 (§ 44-7-31).
• Inspection lists: a comprehensive move-in damage list, presented before the deposit is tendered and signed by both sides; at move-out, inspect and compile the final list within 3 business days, with the tenant's inspection right, on request, within 5 business days (§ 44-7-33).
• Deposit return clock: 30 days after obtaining possession as provided in § 44-7-33(b), with a written statement of the exact reasons for any retention (§ 44-7-34(a)).
• Deposit penalty: three times the sum improperly withheld plus reasonable attorney's fees, reduced to the amount withheld only on proof of a non-intentional bona fide error despite reasonable procedures (§ 44-7-35(c)).
• Small-owner exemption: owners who, with a spouse and minor children, own ten or fewer units are exempt from §§ 44-7-31, 44-7-32, 44-7-33, and 44-7-35 — but not from § 44-7-34 or the cap — and lose it for units a third party manages for a fee (§ 44-7-36).
• Ending a tenancy at will: 60 days' notice from the landlord, 30 days' notice from the tenant (§ 44-7-7).
• Nonpayment notice: written notice to vacate or pay all past-due amounts within three business days, posted in a sealed envelope on the door plus any delivery method the lease adds, before an affidavit may be filed (§ 44-7-50(c)–(d)).
• Answer clock and tender: seven days from actual service to answer, orally or in writing (§ 44-7-51(b)); tendering all rent allegedly owed plus the warrant cost in that window is a complete defense, accepted only once in 12 months (§ 44-7-52).
• Court registry and writ: where possession cannot be finally decided within two weeks of service, the tenant pays rent and utility amounts into the registry as they come due, and a missed payment means a writ (§ 44-7-54); after judgment, the writ is effective seven days after the judgment date (§ 44-7-55(a)).
• Utilities: cooling, heat, light, and water may not be knowingly and willfully suspended until after final disposition of a dispossessory case; fine up to $500 (§ 44-7-14.1).

How much can a Georgia landlord charge as a security deposit, and when must it be returned? (§§ 44-7-30 to 44-7-36)

The cap the old page missed (§ 44-7-30.1)

The previous version of this guide said Georgia has no deposit cap. That was true when written and is wrong now. Section 44-7-30.1, added by the Safe at Home Act, bars demanding or receiving a deposit above two months' rent. The Act applies to leases entered into or renewed on or after July 1, 2024 — an older lease never renewed is not retroactively rewritten, but every new signing and renewal since then is under the cap.

What counts is defined broadly in § 44-7-30(3): money or other security held on the tenant's behalf, expressly including damage deposits, advance rent deposits, and pet deposits — refundable pet money stacks inside the same ceiling. A genuinely nonrefundable fee (§ 44-7-30(1)) does not count. Relabeling a refundable deposit as a fee does not move it outside the definition.

Custody: escrow or bond (§§ 44-7-31, 44-7-32)

Except where § 44-7-32's surety-bond alternative is used, a deposit must sit in an escrow account established only for that purpose, at a bank or lending institution regulated by Georgia or a federal agency. The money is held in trust, and the tenant must be informed in writing of the account's location. No interest-bearing account is required and no interest is owed.

The inspection lists (§ 44-7-33)

Move-in (§ 44-7-33(a)). Before the tenant tenders a deposit, the tenant must be presented with a comprehensive list of existing damage, for the tenant's permanent retention, and may inspect the premises to check its accuracy before taking occupancy. Both sides sign; a signed list is conclusive evidence of accuracy, except as to latent defects. A tenant who refuses to sign must state specifically, in writing, the items dissented from, and sign that dissent.

Move-out (§ 44-7-33(b)). Within three business days after the termination of the lease and vacation of the premises, or the surrender and acceptance of the premises — whichever happens first — the landlord inspects and compiles a comprehensive list of the damage behind any charge, with estimated dollar values. The tenant, on request, may inspect the premises and list within five business days after that trigger and the landlord's inspection. If present, both sign, and the signed list is conclusive evidence of accuracy; a refusing tenant signs a specific written dissent instead. If the tenant left without notice, the landlord inspects within a reasonable time after discovering the vacancy and proceeds under § 44-7-34.

Disputes (§ 44-7-33(c)). A tenant who disputes the final list may sue for the portion believed wrongfully withheld — but claims are limited to items specifically dissented from. A tenant who was present, signed, or failed to dissent specifically cannot recover the deposit or § 44-7-35 damages, provided the lists carried written notice of the duty to sign or dissent. A tenant who neither inspected nor was present and never requested a copy keeps the right to dispute. Put the sign-or-dissent notice on the lists themselves, every time.

The 30-day return clock (§ 44-7-34)

Within 30 days after obtaining possession as provided in § 44-7-33(b), return the full deposit. None of it may be retained for ordinary wear and tear from intended use, absent negligence, carelessness, accident, or abuse by the tenant, household members, or guests. Where cause exists to retain money, the tenant gets a written statement of the exact reasons — including the § 44-7-33 damage list for damage retentions — with payment of the difference. Mailing both by first-class mail to the tenant's last known address counts as compliance; if the letter returns undelivered and the tenant cannot be located after reasonable effort, the payment becomes the landlord's property 90 days after mailing. Retention remains available for unpaid rent and late fees, abandonment, unpaid utilities, tenant-contracted repair or cleaning work, unpaid pet fees, and breach damages, provided the landlord attempts to mitigate. If a court decides neither side is entitled to part of a deposit, § 44-7-34(b) directs an equitable disposition. Note the trigger: the current text (rewritten in 2018) runs the 30 days from obtaining possession, not from a one-month-after-termination-or-surrender formula.

Dated example (weekdays verified): the landlord obtains possession on Monday, March 2, 2026, from a unit renting for $1,800 a month, with a $3,000 deposit — inside the $3,600 cap. The move-out inspection and damage list are due within three business days: by Thursday, March 5, 2026. The tenant's inspection window runs five business days: through Monday, March 9, 2026. Suppose the list supports $400 of unpaid charges and $250 of damage beyond ordinary wear — $650 in total. Mail the $2,350 balance, with the statement of exact reasons and the damage list, within 30 days of obtaining possession — by Wednesday, April 1, 2026.

Sanity-check a claim with our Security Deposit Deadline Finder and deductions guide, and see the dedicated Georgia security deposit law guide for the full treatment.

The remedies with teeth (§ 44-7-35)

Section 44-7-35 has three layers, routinely collapsed into one "treble damages" warning. Subsection (a) bars retaining any portion when all three failures coincide: no § 44-7-31 escrow deposit (or § 44-7-32 bond), no § 44-7-33(a) initial list, and no § 44-7-33(b) final list. Subsection (b) is the broader forfeiture: failing to provide the lists and statements within the § 44-7-34 periods forfeits all rights to withhold and to sue for premises damages — though Georgia case law reads that bar as aimed at damage claims, not at an action for unpaid rent. Subsection (c) is the money penalty: three times the sum improperly withheld plus reasonable attorney's fees, unless the landlord proves by a preponderance that the withholding was an unintentional bona fide error despite procedures reasonably designed to avoid such errors — then liability is only the sum withheld. Documented escrow, signed lists, and a calendared return are those procedures. Run the example through it: improperly keeping the $2,350 balance creates exposure of three times $2,350 — $7,050 — plus fees, incurred to protect $650 of deductions.

The small-owner exemption, read carefully (§ 44-7-36)

Sections 44-7-31, 44-7-32, 44-7-33, and 44-7-35 do not apply where a natural person, with their spouse and minor children, collectively owns ten or fewer rental units. Two limits matter. The exemption disappears for any unit a third person manages, including rent collection, for a fee — hiring a manager pulls a small owner back under the escrow, list, and remedy rules. And it names only those four sections: § 44-7-34's return duty and the cap still apply. Following the escrow-and-list routine anyway is the cheapest protection in a dispute.

Rent rules

Georgia has no rent control, and § 44-7-19 makes that structural: no county or municipality may regulate the amount of rent charged for privately owned residential rental property.

Chapter 7 sets no cap on late fees, no mandatory grace period, and no deposit-interest duty. A late fee is a lease term: it must be in the agreement to be charged at all, and a court tests an extreme fee as a contract term — keep fees written and proportionate. Rent increases follow the tenancy rules: on a fixed term, rent changes only as the lease allows or at renewal — and a renewal on or after July 1, 2024 is a new agreement for Safe at Home Act purposes. On a tenancy at will, changing the rent is changing the tenancy, and the § 44-7-7 notice below must run first. See how to raise rent legally.

How much notice does a Georgia landlord need to end a tenancy without cause? (§ 44-7-7)

Where no time is specified for termination, Georgia law construes the arrangement as a tenancy at will (§ 44-7-6). Section 44-7-7 fixes the exit notice, and it is asymmetric — the detail the old version of this page blurred by stating the landlord's number as if it applied to both sides. Sixty days' notice from the landlord, or 30 days' notice from the tenant, is necessary to terminate a tenancy at will.

Dated example: a landlord's notice given on Monday, March 2, 2026 runs the full 60 days — the tenancy ends Friday, May 1, 2026. A tenant's notice the same day needs only 30 days, ending Wednesday, April 1, 2026. A landlord who serves 30 days out of habit from another state's forms has served a defective termination. Put the notice in writing, state the termination date, and keep proof of delivery.

For a fixed-term lease, the lease controls: it ends on the date the agreement sets, on the lease's own notice terms. A tenant who stays without consent is a tenant at sufferance, reached by a § 44-7-50(a) demand and a dispossessory — not a lock change. Accepting rent open-endedly can instead create a tenancy at will, with its 60-day landlord notice. Two signing-packet items: a service member's termination right (§ 44-7-22) and the duty to notify a prospective tenant of flooding propensity (§ 44-7-20).

How does the dispossessory (eviction) process work in Georgia? (§§ 44-7-50 to 44-7-56)

Georgia's eviction is a summary statutory proceeding, usually in the magistrate court of the county where the property lies, and it is strictly construed.

1. Demand for possession (§ 44-7-50(a)). Before filing, the owner — personally or through an agent or attorney — must demand possession. For holdover and at-will or at-sufferance cases, that demand, not a rent demand, starts the case.

2. Nonpayment: the three-business-day notice to vacate or pay (§ 44-7-50(c)–(d)). Since July 1, 2024, nonpayment has its own pre-filing clock; the old statement that Georgia mandates no specific pre-filing notice period is no longer correct for covered leases. Where a tenant fails to pay rent, late fees, utilities, or other charges when due, the landlord must first give a notice to vacate or pay all past-due amounts within three business days, posted in a sealed envelope conspicuously on the door, plus any delivery method the rental agreement specifies. Example: rent due Sunday, March 1, 2026 goes unpaid; the notice is posted Monday, March 2, 2026; the three business days are Tuesday, March 3, Wednesday, March 4, and Thursday, March 5, 2026. If the tenant neither pays in full nor surrenders, the affidavit may be filed Friday, March 6, 2026 — not before.

3. The dispossessory affidavit (§ 44-7-50(a), (c)). The owner or representative makes the affidavit under oath, before the judge, clerk, or deputy clerk of a court with jurisdiction, a magistrate in the district where the land lies, or a notary public. Filing and service fees are set at the county level.

4. Summons and service (§ 44-7-51). The court issues a summons to the sheriff, a deputy, a lawful constable, or an approved process server. Service is personal where possible; failing that, on a person of suitable age and discretion (sui juris) residing on the premises; failing that, by posting on the door and, the same day, mailing a copy to the last known address.

5. Seven days to answer (§ 44-7-51(b)). The tenant answers — orally or in writing — within seven days from actual service, unless the seventh day is a Saturday, Sunday, or legal holiday, in which case the answer may be made the next business day. The last possible answer date must be stated on the summons; the answer may carry any legal or equitable defense or counterclaim. Example: service on Monday, March 9, 2026 makes the answer due Monday, March 16, 2026.

6. The tender defense (§ 44-7-52). In a nonpayment case, the tenant may, within seven days of service, tender all rents allegedly owed plus the cost of the dispossessory warrant; a qualifying tender is a complete defense. The limit is frequency: a landlord must accept such a tender only once in any 12-month period. If the court finds the defense made out but the landlord refused, the court orders payment of the rent owed and warrant cost within three days; nonpayment then produces a writ, and that court-ordered payment does not count as the one tender.

7. Default, or trial with rent into the registry (§§ 44-7-53, 44-7-54). If the tenant does not answer, the court issues a writ of possession instanter and the landlord takes a default judgment for all rents due, without a jury or further evidence. If the tenant answers, the issues are tried expeditiously, and the tenant may remain in possession only on the registry condition: at the time of the answer, rent must be paid into the court's registry under § 44-7-54 (§ 44-7-53(b)). That section's full rule applies where possession cannot be finally determined within two weeks of service: rent and tenant-responsibility utility payments coming due after the warrant issues are paid into the registry as they come due, plus amounts allegedly owed from before the warrant (or a receipt showing prior payment). Disputed amounts are fixed by the court — from the written agreement, or at the last rent payment accepted without written objection. A missed payment obliges the court to issue a writ. The clerk pays registry money to the landlord as paid in, except portions the tenant places in controversy.

8. Judgment and the writ (§ 44-7-55). If judgment is against the tenant, judgment is entered for all rents due and any other claim relating to the dispute, and the court issues a writ of possession effective seven days after the judgment date, except as § 44-7-56 provides. Judgment entered Monday, March 16, 2026 therefore produces a writ effective Monday, March 23, 2026. If judgment is for the tenant, the tenant stays, the landlord is liable for all foreseeable damages caused by the landlord's wrongful conduct, and registry funds are distributed as the judgment directs. The writ authorizes removal of the tenant and their property to a portion of the landlord's property, or other property the landlord designates and the executing officer approves; the landlord is not a bailee of that property, and after execution it is regarded as abandoned. Applications to execute a writ must be made within 30 days unless an affidavit shows good cause for delay.

9. Appeal (§ 44-7-56). An appeal must be filed within seven days of the judgment date. A tenant who appeals and wants to remain in possession must pay into the registry the sums found due, and future rent as it comes due, until the appeal is determined.

An uncontested case clearing each clock on its first day still takes several weeks; contested cases take longer. Nothing in the process permits compressing it by self-help. Full walkthrough: how to evict a tenant and our Eviction Timeline Calculator.

What repairs must a Georgia landlord make? (§§ 44-7-13, 44-7-14, 44-7-2)

The repair duty (§ 44-7-13(a)) is old and short: the landlord shall keep the premises in repair, and is liable for substantial improvements placed on the premises with the landlord's consent. For dwellings, § 44-7-2(b) makes the repair and liability sections' duties non-waivable — a lease clause handing the duty back to the tenant does not do what it says.

The habitability duty (§ 44-7-13(b)) is the Safe at Home Act's addition, for leases entered into or renewed on or after July 1, 2024: every agreement for the rental of real property as a dwelling place is deemed to include a provision that the premises is fit for human habitation. Georgia adopted the standard without a component checklist; it layers onto the repair duty and onto local building, housing, and health codes. Treat it as an enforceable floor: no working water, no heat, a failed sewer line, or a roof that admits rain is the fact pattern the section was written for.

Liability for failure to repair (§ 44-7-14) is tort liability. A landlord who has fully parted with possession is not responsible to third persons for damage from the tenant's negligence or illegal use — but remains responsible for damage from defective construction and from failure to keep the premises in repair.

Repair-and-deduct: the correction

The old version of this page stated that Georgia allows repair-and-deduct "after proper notice and a reasonable time, with strict procedures." There is no such statute. No section of Chapter 7 creates a repair-and-deduct remedy, prescribes its steps, or conditions it on the tenant being current on rent.

What Georgia has is narrower and judge-made. The Department of Community Affairs' Landlord-Tenant Handbook describes a repair-and-deduct route Georgia courts recognize: notice of the defect, a reasonable time for the landlord to repair, then — if the landlord does not act — repair by a qualified, licensed professional at reasonable cost, deducted from the rent, with receipts kept. Case law in the same line reaches back to Abrams v. Joel, and the § 44-7-13 annotations state it from the other direction: after reasonable opportunity and failure to repair, the tenant may repair and seek reimbursement, hold the landlord responsible for damages by action or recoupment against a rent claim, or — where the failure makes the premises untenantable — treat the tenancy as constructively ended.

Three consequences for landlords. A documented, prompt repair response is the whole defense — the remedy ripens only after notice plus a reasonable time ignored. There is no rent-withholding statute: a tenant who stops paying over a repair dispute is exposed to the dispossessory process, and repair receipts are a defense on the merits, not rent for registry purposes. And a lease clause abolishing repair remedies wholesale runs into § 44-7-2(b).

Utilities, lockouts, and self-help (§ 44-7-14.1)

Section 44-7-14.1 defines "utilities" as cooling, heat, light, and water service — cooling was added by the Safe at Home Act, which is why older guides list only heat, light, and water. It is unlawful to knowingly and willfully suspend utilities until after the final disposition of any dispossessory proceeding against that tenant; a violation, on conviction, carries a fine of up to $500. Cutting the air conditioning to pressure a tenant out is now the same legal act as cutting the water in January, and the window runs to the end of the case.

The rest of self-help has no statutory authorization. Possession changes hands only through the writ process (§§ 44-7-54(b), 44-7-55). Lock changes, removed doors, or property on the curb without a writ invite § 44-7-55(b) wrongful-conduct damages and a § 44-7-24 retaliation claim when a complaint preceded the act. The lawful process, run correctly, is the shortcut.

What counts as landlord retaliation in Georgia? (§ 44-7-24)

Georgia's retaliation statute (enacted 2019) is built as a prima facie case, and timing does most of the work. The tenant shows, first, a protected act relating to a life, health, safety, or habitability concern: exercising a right or remedy granted by contract or law, in good faith; giving the landlord a notice to repair or to exercise a remedy; complaining in good faith to a code-enforcing government entity or a public utility about a problem that is the landlord's duty to repair; or joining a tenant organization addressing habitability. Second, the tenant shows the landlord, within three months after that act, filed a dispossessory, deprived the tenant of the use of the premises (except as authorized by law), decreased services, increased rent or terminated the agreement, or materially interfered with the tenant's rights.

The exceptions matter as much. No liability attaches to increases or reductions under a lease escalation clause for utilities, taxes, or insurance; as part of a building-wide pattern; or from participation in a government program involving federal funds, tenant assistance, or tax credits. Nor to a dispossessory or termination grounded in rent delinquency, intentional property damage or safety threats, a lease breach such as violating provisions prohibiting serious misconduct or criminal acts, or holding over after either side's termination notice. A code-compliance inspection within the prior 12 months is a rebuttable defense.

Where retaliation is established, it is a defense to a dispossessory, and the tenant may recover a civil penalty of one month's rent plus $500, court costs, reasonable attorney's fees where the conduct was willful, wanton, or malicious, and declaratory relief — less any sums the tenant owes. Example: a tenant complains to code enforcement about a failed water heater on Monday, March 2, 2026; an increase or non-renewal delivered before Tuesday, June 2, 2026 sits inside the window and will be read through § 44-7-24 first. Build the independent file before any adverse step after a complaint.

Entry rights

Georgia has no statute fixing entry notice, and the 2024–2025 amendments did not add one — Article 1 of Chapter 7 still contains no entry-notice section. Entry is governed by the lease and by the tenant's right to possession and quiet enjoyment: outside an emergency or an agreed lease provision, entering without permission risks trespass and quiet-enjoyment claims, and repeated unannounced entries after a complaint can become a § 44-7-24 interference argument. Standard practice — and the clause to put in the lease — is 24 hours' written notice for inspections, repairs, and showings, at reasonable times, emergencies excepted. State the notice period, purposes, and carve-out in the lease, then log every entry.

Two overlays: squatters and out-of-state owners

Squatter reform (House Bill 1017, effective April 24, 2024). The Georgia Squatter Reform Act created the misdemeanor of unlawful squatting at § 16-7-21.1: a person who enters or remains on another's premises without the owner's knowledge or consent can be cited, and has three business days to produce documentation authorizing their presence — a signed lease, proof of rental payments — or face arrest, a fine of up to $1,000, up to 12 months in jail, or both. The Act also strengthened the intruder-affidavit route at § 44-11-30. The boundary is the whole game: anyone who was ever your tenant, including a holdover, goes through the dispossessory process.

Out-of-state owners (House Bill 399, effective July 1, 2025; new § 44-7-25). A nonresident landlord who owns or operates a single-family or duplex rental in Georgia must employ a Georgia-licensed real estate broker. If that broker is not itself a Georgia resident, it must employ at least one person located in Georgia responsible for receiving, coordinating, managing, and responding to tenant communications about maintenance and other issues. The licensing exemptions some self-managing structures relied on do not save an out-of-state owner. For the out-of-state landlords this page has always addressed, this is now the first compliance question. (House Bill 586's 2025 recording-tax change concerns financing taxes, not landlord duties.)

A 10-step Georgia compliance checklist

1. For leases signed or renewed on or after July 1, 2024, cap total refundable deposits — damage, advance rent, and pet money combined — at two months' rent (§ 44-7-30.1); keep nonrefundable fees genuinely nonrefundable and separately stated.

2. Place the deposit in a dedicated escrow account at a regulated institution (or post the § 44-7-32 bond), with written notice of its location (§ 44-7-31).

3. Present the move-in damage list before collecting the deposit; inspect with the tenant, sign it, and put the sign-or-dissent notice on the list (§ 44-7-33(a)).

4. Answer every repair request in writing and repair within a reasonable time — that file defends a § 44-7-13(b) habitability claim, a repair-and-deduct charge, and a § 44-7-24 retaliation case.

5. Use 60 days, never 30, for a landlord's at-will termination notice, computed from the notice date (§ 44-7-7).

6. For nonpayment, post the three-business-day notice to vacate or pay in a sealed envelope on the door, plus every delivery method the lease adds; do not file until the third business day has run (§ 44-7-50(c)–(d)).

7. Calendar the court clocks from service: seven-day answer, the one-in-12-months tender right, registry payments when possession cannot be decided within two weeks, and a writ effective seven days after judgment (§§ 44-7-51 to 44-7-56).

8. At move-out, compile the final damage list within three business days, honor the tenant's five-business-day inspection right on request, and mail the balance with the statement of reasons within 30 days of obtaining possession (§§ 44-7-33(b), 44-7-34).

9. Never touch utilities — cooling included — locks, or the tenant's property outside a writ executed by the sheriff, deputy, or constable (§§ 44-7-14.1, 44-7-55).

10. Before any increase, non-renewal, or filing within three months of a repair request or code complaint, check § 44-7-24 and document the independent ground — and if you live outside Georgia, confirm your § 44-7-25 broker arrangement.

The bottom line

Georgia still rewards procedure, but the procedures changed in 2024. The deposit is capped at two months' rent and runs on a 30-day return clock from obtaining possession; escrow and the two signed damage lists stand between a landlord and forfeiture plus treble liability; a nonpayment case starts with a three-business-day notice delivered as § 44-7-50(d) prescribes; the tenant gets seven days to answer and one full tender in 12 months that ends the case; and every dwelling lease carries a non-waivable duty to keep the premises in repair and fit for human habitation. Work from a pre-2024 checklist and the same penalties apply to you instead.

Own rentals in more than one state? the 50-State Landlord Law Dataset (CSV + JSON) ($29) puts deposit caps, return deadlines, and eviction-notice rules for all 50 states in one spreadsheet — 300 data cells built to drop straight into ChatGPT or Claude. General information, not legal advice.

Primary sources

• Section 44-7-13, Georgia Code (Justia) — repair duty and the fit-for-human-habitation provision.
• Section 44-7-24, Georgia Code (Justia) — retaliation: prima facie case, window, exceptions, remedies.
• Section 44-7-31, Georgia Code (Justia) — escrow placement and location notice.
• Section 44-7-33, Georgia Code (Justia) — damage lists and the 3- and 5-business-day clocks.
• Section 44-7-34, Georgia Code (Justia) — the 30-day return duty and 90-day unclaimed-payment rule.
• Section 44-7-35, Georgia Code (Justia) — forfeiture and the three-times penalty.
• Section 44-7-50, Georgia Code (Justia) — demand for possession and the three-business-day notice to vacate or pay.
• Section 44-7-52, Georgia Code (Justia) — tender as a complete defense, once in 12 months.
• Section 44-7-53, Georgia Code (Justia) — default writs and possession pending trial.
• Section 44-7-54, Georgia Code (Justia) — payments into the court registry.
• Georgia legislative session brings changes to code affecting commercial real estate (Holland & Knight) — the 2025 licensure changes, including the nonresident-landlord broker rule.

Frequently asked questions

Is there a cap on security deposits in Georgia?

Yes, since July 1, 2024. For leases entered into or renewed on or after that date, § 44-7-30.1 caps the deposit at two months' rent. Refundable pet and advance rent deposits count toward the cap under § 44-7-30(3); genuinely nonrefundable fees do not. Older leases never renewed are not retroactively capped.

How long does a Georgia landlord have to return a deposit?

Thirty days after obtaining possession as provided in § 44-7-33(b). The balance must come with a written statement of the exact reasons for any retention, including the damage list for damage deductions; mailing it first-class to the tenant's last known address counts as compliance (§ 44-7-34(a)).

What happens if a Georgia landlord mishandles the deposit?

Three consequences under § 44-7-35: no retention at all where the escrow and both list duties all failed; forfeiture of every right to withhold, and to sue for premises damages, where lists and statements were late; and liability for three times the sum improperly withheld plus reasonable attorney's fees — reduced to the amount withheld only on proof of a non-intentional bona fide error despite reasonable procedures.

Does the small-landlord exemption get me out of the deposit rules?

Only partly. Section 44-7-36 exempts units owned by a natural person who, with a spouse and minor children, owns ten or fewer units — and only from §§ 44-7-31, 44-7-32, 44-7-33, and 44-7-35. The § 44-7-34 return duty and the cap still apply, and the exemption is lost for units a third party manages for a fee.

How much notice ends a Georgia month-to-month tenancy?

It depends on who is ending it: a landlord needs 60 days' notice to terminate a tenancy at will, a tenant 30 days (§ 44-7-7). A landlord's notice given Monday, March 2, 2026 ends the tenancy Friday, May 1, 2026; a tenant's notice the same day ends it Wednesday, April 1, 2026.

What notice must come before a Georgia eviction for nonpayment?

Since the Safe at Home Act, a written notice to vacate or pay all past-due amounts within three business days (§ 44-7-50(c)), posted in a sealed envelope on the door plus any delivery method the rental agreement specifies (§ 44-7-50(d)). Only after the three business days run unpaid may the affidavit be filed.

How long does a tenant have to answer a dispossessory, and can paying stop it?

Seven days from actual service, orally or in writing (§ 44-7-51(b)). In a nonpayment case the tenant can end the case in that window by tendering all rent allegedly owed plus the warrant cost — a complete defense under § 44-7-52 — but the landlord must accept it only once in any 12 months.

Can a Georgia tenant repair and deduct?

Not under any statute — Chapter 7 contains no repair-and-deduct section, and summaries describing statutory steps are wrong. Georgia courts and the Department of Community Affairs' Landlord-Tenant Handbook do recognize a judge-made route: written notice of the defect, a reasonable time to act, then repair by a qualified, licensed professional at reasonable cost, deducted from rent with receipts kept. There is no rent-withholding statute; simply stopping payment exposes a tenant to a dispossessory.

Can a Georgia landlord shut off utilities or change the locks to force a tenant out?

No. Section 44-7-14.1 makes it unlawful to knowingly and willfully suspend cooling, heat, light, or water until after final disposition of a dispossessory case, punishable by a fine of up to $500 — cooling was added in 2024. Possession changes hands only through a writ executed by the sheriff, deputy, or constable (§§ 44-7-54(b), 44-7-55).

More landlord-tenant law guides

• Landlord-tenant law by state
• Florida landlord-tenant law
• Hawaii landlord-tenant law
• Delaware landlord-tenant law
• Idaho landlord-tenant law

This is general information, not legal advice. Consult a Georgia landlord-tenant attorney for specific situations.