Georgia landlord and tenant rules
The figures that decide most disputes between Georgia landlords and tenants, each with a calculator and the statute behind it.
| Rule | Georgia | Statute | Tool |
|---|---|---|---|
| Maximum security deposit | 2 months' rent (for residential leases entered into or renewed on or after July 1, 2024; no cap for older leases) | O.C.G.A. §§ 44-7-30, 44-7-30.1, 44-7-34 | Deposit rules |
| Deposit return deadline | 30 days after the landlord obtains possession of the premises (termination of the tenancy and surrender/abandonment), with a written statement of any amounts retained | O.C.G.A. §§ 44-7-30, 44-7-30.1, 44-7-34 | Deposit rules |
| Interest on the deposit | Not required | O.C.G.A. §§ 44-7-30, 44-7-30.1, 44-7-34 | |
| Maximum late fee | No statutory cap | None (O.C.G.A. Title 44, Ch. 7 is silent) | Late fee calculator |
| Landlord notice, month-to-month | 60 days | O.C.G.A. § 44-7-7; § 44-7-50(c)-(d) | Notice calculator |
| Tenant notice, month-to-month | 30 days | O.C.G.A. § 44-7-7; § 44-7-50(c)-(d) | Notice calculator |
| Rent increase notice | 60 days | O.C.G.A. § 44-7-7; § 44-7-50(c)-(d) | Notice calculator |
| Pay-or-quit notice | 3 business days | O.C.G.A. § 44-7-7; § 44-7-50(c)-(d) | Notice calculator |
| Rent increase cap | None statewide |
Security deposits in Georgia
Georgia limits security deposits to 2 months' rent (for residential leases entered into or renewed on or after July 1, 2024; no cap for older leases). The deposit must be returned 30 days after the landlord obtains possession of the premises (termination of the tenancy and surrender/abandonment), with a written statement of any amounts retained, with an itemised list of any deductions. No interest is owed on the deposit under state law. HB 404, the 'Safe at Home Act' (2024), added § 44-7-30.1: 'No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months' rent.' Applies to residential leases entered into or renewed on or after July 1, 2024. Deposits must be held in an escrow account or secured by a surety bond (§§ 44-7-31, 44-7-32); landlords owning 10 or fewer units who self-manage are exempt from some requirements (§ 44-7-36). Bad-faith retention: treble damages plus attorney's fees (§ 44-7-35). § 44-7-30.1 text read from the enrolled bill on the Governor's site; §§ 44-7-30 and 44-7-34 read from the Findlaw code mirror (current through March 28, 2024). Full deposit rules and move-out checklist.
Late fees in Georgia
Georgia sets no statutory cap on late fees. The amount is whatever the lease says, subject to the general rule that it must not be an unconscionable penalty. There is no statutory grace period, so the lease controls when the fee starts. Calculate the maximum fee.
Notice periods in Georgia
A Georgia landlord must give 60 days’ written notice to end a month-to-month tenancy, and a tenant must give 30 days. A rent increase needs 60 days’ notice. For nonpayment, the landlord must serve a 3-business day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.
Sources
- https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-7-30.html
- https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-7-34.html
- https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-7-7.html
- https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-7-50.html
- https://gov.georgia.gov/document/2024-signed-legislation/hb-404/download
- https://gaappleseed.org/resource/safeathome/
- https://www.payrent.com/landlord-tenant-laws/state/georgia/georgia-landlord-tenant-laws
Frequently asked questions
How much can a landlord charge for a security deposit in Georgia?
2 months' rent (for residential leases entered into or renewed on or after July 1, 2024; no cap for older leases). HB 404, the 'Safe at Home Act' (2024), added § 44-7-30.1: 'No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months' rent.' Applies to residential leases entered into or renewed on or after July 1, 2024. Deposits must be held in an escrow account or secured by a surety bond (§§ 44-7-31, 44-7-32); landlords owning 10 or fewer units who self-manage are exempt from some requirements (§ 44-7-36). Bad-faith retention: treble damages plus attorney's fees (§ 44-7-35). § 44-7-30.1 text read from the enrolled bill on the Governor's site; §§ 44-7-30 and 44-7-34 read from the Findlaw code mirror (current through March 28, 2024).
What is the maximum late fee for rent in Georgia?
There is no statutory maximum in Georgia. No statutory cap or grace period; no statute located. O.C.G.A. Title 44, Chapter 7 does not regulate late fees; a fee must be in the lease and can be challenged on general contract (penalty vs. liquidated damages) grounds. Confirmed via secondary sources. The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.
How much notice does a landlord have to give a tenant to move out in Georgia?
60 days’ written notice for a month-to-month tenancy. 60 days' notice from the landlord or 30 days' notice from the tenant to terminate a tenancy at will (month-to-month). Nonpayment: written notice to pay or vacate within 3 business days, posted in a sealed envelope on the door, before a dispossessory affidavit may be filed (§ 44-7-50(c)-(d), added by HB 404 for leases entered into or renewed on or after July 1, 2024; previously only an immediate demand for possession was required).
How long is a pay-or-quit notice in Georgia?
3 business days. The tenant can stop the eviction by paying the full amount within that time.
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