Being a landlord is already hard enough as it is, but sometimes the location of your rental business can affect how hard your job will be. Law Depot states that Georgia is among the most landlord-friendly states in the US, just under Florida, Colorado, Arizona, and Alabama, and it's because of the landlord-tenant laws here that are generally agreeable for property owners.
Let’s dive into the unique laws here in Georgia and how they benefit rental property owners.
Georgia Landlord-Tenant Laws That Favor Property Owners
Georgia Code Title 44
Due to the regulation enacted by the local government, landlords are not restricted by rent control laws. "No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which could regulate in any way the amount of rent to be charged o for privately owned, single-family, or multiple-unit residential rental property."
Less Limitations on Rental Rates
Since there are no specific Georgia landlord-tenant laws and regulations regarding payments, you can set your own rental rates. Several states have rent control laws in place such as California, New York, Oregon, and Minnesota. But in Georgia, this isn’t an issue!
This freedom for rental agreements applies to the initial charge for rent payment as well as increases to your rates. You can’t, however, increase rent during a tenant’s lease unless the agreement specifically states it. You also cannot increase rent without proper notice to your tenants.
Tenants Cannot Withhold Rent
This is generally practiced in most states, but Georgia tenants can't refuse to pay rent for any reason as well even if they have security deposits in store.
If the landlord fails to repair damages that the tenant requested on the rental property, tenants can only enact the repair and deduct statute, regardless of whether or not they provided a security deposit.
No Specific Statute for Entry Laws
Without disregarding the tenant's right to privacy, Georgia landlords may enter the premises to conduct repairs and maintenance.
However, they are still required to provide reasonable notice of at least 24 hours and should enter during the daytime between 9 AM to 5 PM. It would be better if this was included in the lease agreement to avoid misunderstandings.
No Security Deposit Limit
As with most lease agreements, security deposits are usually required by the landlord to cover damages and late rent payments.
While Georgia landlord-tenant laws still require landlords to return the security deposit within 30 days after a tenant moves out, the state does not limit the amount landlords can charge.
Georgia Landlord-Tenant Handbook: Do's and Don'ts
Even if Georgia is among the most landlord-friendly states, property owners should still learn to follow Georgia laws and rules and know what they can include in the rental agreement. A lot of this information can be found in the Georgia landlord-tenant handbook such as:
Do's
- Include when and how you can access the rental unit in the lease agreement
- List your grounds for eviction
- Follow Georgia landlord-tenant law
- Establish occupancy limits
- Seek legal advice when the lease agreement lasts for more than a year
Don'ts
- Remove or reduce your responsibility to maintain a habitable rental unit
- Remove or reduce responsibility to respond to damages caused by lack of maintenance
- Let the tenant pay attorney fees when you hire legal assistance to enforce lease terms based on Georgia law
- Refusing fair treatment based on a person being a member of a protected class despite the Federal Fair Housing Act
What Should a Georgia Landlord Include in the Lease
Being a landlord-friendly state can only go so far, and landlords still have to draft an airtight Georgia lease agreement to prevent lease violations and maintain a healthy landlord-tenant relationship relationship. Your written lease agreement should include the following:
- Name of the tenant, landlord, and/or the property management company
- Description of the unit and appliances included in the property
- Lease duration
- Description of the real estate property
- Amount of rent or increase for the next rent payment
- How tenants pay rent
- Amount of security deposit
- How and when utilities will be paid
- Amenities available to the tenant
- Housing rules for pets, guests, noise, etc.
- Handling repair requests for rental properties
- Circumstances that allow the landlord to enter the rental unit
If you're worried about missing a key provision for your lease, you can hire property management companies like PMI Georgia. We can create a lease agreement that adheres to Georgia state law and federal laws.
Problems Georgia Landlords Can Still Face
No matter how ideal a state or city is for landlords, issues with the parties involved can still happen. Between lease violations to not abiding by strict regulations, you may even need legal counsel to resolve it.
Unpaid Rent
It's the tenant's responsibility to pay for the rented apartment, but renters don't always pay on time. In that case, you may need to take extra measures such as sending a written notice and even go through an eviction process while minding local laws.
Eviction Process
The eviction process is among the most stressful of all the landlord responsibilities. If the tenant fails to follow the rules, you'll have to provide a written notice stating that they need to leave before their lease term ends and return their security deposit. PMI Georgia offers services that can save you from this tedious task.
Eviction Lawsuit
When a renter believes that you have violated basic tenant rights, they might file a lawsuit and cost you both attorney fees and damages. Knowing your legal rights can help you fight the case, but it would be advisable to consult a legal professional.
Hiring a Property Management Company
Managing your rental units is a full-time job even in a landlord-friendly state like Georgia. But you can still earn real passive income with your rental. A property manager can handle the day-to-day operations and simply wait for your rental income. PMI Georgia can help you with:
Marketing
To find the right tenants for your rental properties and reduce your vacancy rate
Tenant Screening
To ensure that you get good tenants who follow the lease agreement
Rent Collection
We can collect rent payments for you, as well as handle billing so you can get your payments on time
Property Maintenance
PMI Georgia will conduct regular maintenance to keep your units in a safe and habitable condition
Accounting
Our company provides accurate accounting providing you with monthly reports you can access anytime through our reporting dashboard
Evictions
We will handle the eviction process through the notice period up until the issue is resolved, all while minimizing the impact on your bottom line
Legal Compliance
PMI Georgia can monitor the laws and insurance regulations that can impact your rental business, as well as serve as legal counsel to avoid facing issues in state or magistrate court.
Property Inspections
We conduct regular in-person inspections to ensure that your properties don't have health and safety violations
Business Tools
Our company uses current technology for more accurate data, such as our free ROI Calculator and Vacancy Loss Calculator.
Want to learn more about what PMI Georgia can do for you? Contact us today for a free consultation!
