Understanding landlord-tenant laws in your area saves you from making legal mistakes that can harm your finances and the reputation of your business. It’s critical for you to conduct business with your tenants based on their legal rights, so you must thoroughly grasp both federal and state laws pertaining to your role as a landlord.
Laws You Should Follow as a Landlord
Fair Housing Act
Federal housing laws, including the Fair Housing Act, provide an outline of basic tenant rights you need to abide by when you rent your unit out. The act states that as a landlord, any form of discrimination is not tolerated, meaning that you cannot reject tenants based on their race, color, religion, sex, national origin, disability, or familial status.
Lease Agreement Requirements
A written lease is preferable to an oral rental agreement since it provides clarity and can be instrumental in resolving disputes. The lease agreement should include crucial information such as the landlord and tenant's names, the lease length, occupancy limits based on local ordinances, who covers utilities, security deposit amount, and more. As per the Georgia landlord-tenant handbook, a landlord cannot state that:
- They have reduced or no responsibilities in maintaining the property in good repair
- They have reduced or no responsibilities in responding to damages after negligent property upkeep
- Tenants are required to pay the landlord's legal fees if the latter hires a lawyer for lease enforcement
- They can ignore the Georgia landlord-tenant laws for security deposits
- They can evict you without having to go through the eviction process in court
Security Deposit Laws
Amount: Georgia law now limits how much a landlord can charge for a security deposit which cannot go over an amount equal to two months' rent. Previously, the state of Georgia did not have a cap for the required amount.
For Storing: Code Section 44-7-32 states that it must be held in an escrow account created only for that purpose and that tenants must know the location of the said account. As an alternative, you can post and maintain an effective surety bond with the clerk of the superior court.
For Deducting: When you need to deduct costs from a security deposit, you are required to provide tenants with a comprehensive list of any existing damage to the premises, and the tenant can inspect the damages themselves to prove the accuracy of the list.
When the tenant's lease has been terminated, you can inspect the premises for any damages and make a list of costs if there are any present. The tenant may inspect the premises to confirm the costs or do so at the same time the landlord does.
For Returning: The landlord must return the full or remaining balance to the tenant within 30 days of leaving the rental unit. The security deposit amount should be delivered to the last known address of the tenant through first-class mail.
Rent Control Laws
Nothing is specifically stated in Georgia landlord-tenant laws regarding how much property owners can charge for rent, so landlords base their prices on the competition and local market trends. However, landlords are required to provide a 60-day written notice for month-to-month leases when they plan to implement a rent increase. For lease agreements between 6-12 months, the notice must come six months before.
Safe at Home Act
As of March 2024, a new Georgia law was passed called the Safe Home Act which states that it is now required by law to to provide a habitable rental unit, meaning that it should be maintained to be safe, healthy, and free of risks. It needs to have functional plumbing, electrical systems, heating, and cooling. Landlords also have to address pest infestations, mold growth, and roof leaks immediately.
Full Disclosure with Tenants
If the rental property was built before 1978, the landlord should disclose whether the unit has lead-based paint on its walls. The prospective renter should be given an Environmental Protection Agency (EPA) approved pamphlet entitled “Protect Your Family from Lead in Your Home” on how to identify and control lead-based paint risks. A Lead Warning Statement should also be in the lease if it is used.
Property owners need to provide notice five days prior when turning utilities off, especially if they receive service from a Public Service Commission-regulated electric provider. Landlords are also prohibited from turning off utilities when evicting a tenant when done willfully and knowingly.
Maintenance and Repairs
Since landlords are now required to have the rental property in safe and habitable condition, they need to conduct inspections of the rental units and the building structure, as well as make the necessary repairs when a tenant requests it. Not doing so will be a violation of your own lease terms since you are prohibited from denying this service, and it is a violation of tenant rights.
Eviction
Landlords are required to provide a written notice to Georgia tenants before filing for eviction. The notice must contain the necessary information such as the parties involved and the reason for the eviction like missed rent payments or specific lease violations. Tenants must be given a grace period of three days before vacating the rental housing, as per Georgia law.
Where Can I Learn More About Georgia Landlord-Tenant Laws?
The Georgia Department of Community Affairs (DCA) provides information and general advice concerning rental laws for both landlords and tenants through "The Georgia Landlord Tenant Handbook." It is readily accessible through the web, along with other law firm websites that offer insight into the topic.
Is It Better to Hire a Legal Professional?
If you're not completely familiar with all the rental laws in Atlanta, Georgia, the safe answer is: Yes. While Georgia is considered a landlord-friendly state, you will still incur penalties and costs when you accidentally violate laws. Property owners are better off having experts in their corner, especially when handling delicate matters like evictions.
With the Assistance of a Property Management Company
Hiring a property management company like PMI Georgia keeps you from worrying about breaking any laws. Other than handling your day-to-day rental business operations, we also have the knowledge to navigate the intricacies of the law so you can move forward with confidence. Call us now and let us help you reach your rental property's full potential.
