Georgia Landlord-Tenant Law for DIY Landlords (2026)

Security deposits, late fees, notice periods, the 3-day demand and the eviction timeline in Georgia, in plain English for landlords who manage their own rentals.

Last updated September 21, 2026

Georgia rewrote a big chunk of its rental rules in 2024. The Safe at Home Act (HB 404) took effect on July 1, 2024 and added a deposit cap, a written demand before eviction, and a habitability warranty that every lease now carries. If your lease template predates that, it probably needs an update.

Here is what a small landlord in Georgia has to get right, with the code section behind each rule.

Security deposits

The cap is two months' rent. For any lease signed or renewed on or after July 1, 2024, a deposit can't exceed two months' rent (O.C.G.A. § 44-7-30.1).

You have 30 days to return it. The clock starts when you get possession back. If you keep any of it, send a written statement listing the exact reasons, including a list of damages. Mailing it first class to the tenant's last known address counts (§ 44-7-34).

Normal wear and tear is off limits. You can deduct for damage, unpaid rent and late fees. You can't deduct for the ordinary aging of a home.

Give a move-in damage list. Before you take a deposit, hand the tenant a written list of existing damage. The list has to tell them they can sign it or write down what they disagree with. After move-out, you have 3 business days to inspect (§ 44-7-33).

Hold it in an escrow account. The deposit goes into an account used only for deposits at a regulated bank, and the tenant must be told in writing where that account is (§ 44-7-31).

The penalty is steep. Skip the lists or the statement and you lose the right to keep any of the deposit. Withhold it wrongfully and you can owe three times the amount plus the tenant's attorney fees (§ 44-7-35).

The small-landlord exemption, and the catch

If you're an individual who owns 10 or fewer units (counting your spouse and minor children), the escrow, move-in list and penalty sections don't apply to you (§ 44-7-36).

The catch is that the exemption disappears the moment a third party manages the unit for pay. And the two-month cap and the 30-day return deadline apply to everyone, exempt or not.

Late fees

Georgia's landlord-tenant code doesn't set a late-fee cap or a grace period. Put the fee in your lease and keep it reasonable. Unpaid late fees can come out of the deposit, and they belong in the 3-day demand described below (§ 44-7-34, § 44-7-50).

Rent increases and rent control

Cities and counties in Georgia can't pass rent control on private rentals. State law blocks it (§ 44-7-19). So the limit on an increase is your lease. Raise rent at renewal, or with proper notice on a month-to-month tenancy.

Entering the unit

Georgia's statutes don't set a notice period for landlord entry. Write one into your lease. A 24-hour written notice for non-emergencies keeps things clear and keeps tenants on your side.

Ending a month-to-month tenancy

A landlord has to give 60 days' notice. A tenant has to give 30 days (§ 44-7-7).

When rent isn't paid

Since July 1, 2024, you can't go straight to court. First, give a written demand to pay everything owed, including rent, late fees and utilities, or leave within 3 business days.

The notice goes on the door in a sealed envelope, and a second copy goes out by any method your lease names. If the tenant pays the full amount inside that window, the default is cured (§ 44-7-50).

The eviction (dispossessory) process

File. You file an affidavit with the court where the property sits, usually magistrate court (§ 44-7-50).
Answer. The tenant has 7 days from service to answer, in writing or out loud. If there's no answer, the court can enter a default judgment for possession (§ 44-7-51).
Writ. A writ of possession takes effect 7 days after judgment. Ask for it to be carried out within 30 days of issue (§ 44-7-55).

Two rules to stay far from. You can't shut off heat, cooling, light or water to push a tenant out during an eviction (§ 44-7-14.1). And you can't retaliate against a tenant for complaining about unsafe conditions. Doing so within 3 months of a complaint can cost one month's rent plus $500 (§ 44-7-24).

Repairs and habitability

Every Georgia residential lease now carries a warranty that the home is fit to live in, and neither side can waive it (§ 44-7-13). Fast repairs are no longer just good service. They're part of the deal.

The short version

Deposit cap of 2 months, returned within 30 days with a written statement
Move-in damage list before you collect a deposit
No statutory late-fee cap, so keep fees reasonable and in the lease
60 days' notice from you to end a month-to-month, 30 from the tenant
A 3-business-day written demand before any eviction filing
7 days for the tenant to answer, then 7 more for the writ

Let Taz handle the paperwork

Taz is an AI property manager for landlords who'd rather not live in the code books. It tracks deposit deadlines, sends rent reminders, takes maintenance requests day and night, and keeps the records a Georgia judge would ask for. See how Taz works.

Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.

This guide is general information, not legal advice. Laws change, and your city or county may add rules. Talk to a Georgia attorney before acting on a specific situation. Last checked September 2026.