Owning rental property in Georgia can be rewarding, but it also comes with legal responsibilities. Many landlords unintentionally make mistakes under Georgia rental law that can lead to disputes, financial penalties, or even lawsuits.
By understanding the most common pitfalls and how to avoid them, you can protect both your investment and your relationship with tenants.
Failing to Provide a Written Lease
While oral agreements may seem convenient, they can create confusion if disputes arise. Without a clear written lease, both landlords and tenants may have different expectations about rent, responsibilities, or maintenance. Always put lease agreements in writing, outlining rules, responsibilities, and terms.
Mishandling Security Deposits
Georgia law has strict guidelines on how landlords must handle security deposits. Landlords are required to place deposits in a separate escrow account and provide tenants with a written notice of where the funds are kept.
Failing to follow these steps, or not returning deposits within 30 days of move-out with an itemized list of deductions, can expose landlords to legal liability.
Not Following Proper Eviction Procedures
In Georgia, landlords cannot simply change the locks or remove a tenant’s belongings if rent is unpaid. Evictions must go through the court system, beginning with a formal demand for rent and followed by a dispossessory action if needed. Skipping this process can result in legal trouble.
Ignoring Maintenance Responsibilities
Landlords are legally obligated to maintain rental properties in a safe, habitable condition. Failure to complete necessary repairs in a timely manner not only violates tenant rights but can also lead to lawsuits or rent withholding. Regular property inspections and quick response to repair requests can help avoid these issues.
Improper Rent Increases or Fees
While Georgia does not have rent control, landlords must follow the terms outlined in their lease when raising rent. Adding new fees or increasing rent before the lease ends can be considered unlawful. Always wait until the lease renewal period to implement changes.
Avoid Legal Mistakes with Professional Property Management
Navigating Georgia rental law can be overwhelming, especially if you’re managing multiple properties. At Bickerstaff Parham, we help landlords stay compliant while maximizing rental income.
From lease agreements and tenant screening to maintenance and legal compliance, our team ensures your investments are protected and profitable. Contact us today and discover how we can simplify property management for you.
FAQs: Georgia Rental Law for Landlords
1. Can I charge a non-refundable security deposit in Georgia?
No. Georgia law requires landlords to return unused portions of a security deposit within 30 days of the tenant moving out, minus legitimate deductions.
2. How much notice do I need to give before raising rent?
Landlords must wait until the lease ends before raising rent. If you have a month-to-month lease, a 60-day written notice is required.
3. Am I responsible for pest control as a landlord?
Yes, landlords are generally required to provide a habitable living space, which includes taking care of infestations unless the tenant caused the problem.
4. What should I do if a tenant withholds rent for repairs?
Under Georgia law, tenants can only take such action if the property is uninhabitable and the landlord fails to address essential repairs. Seek legal advice before proceeding.
5. Can I enter my tenant’s rental property without notice?
While Georgia law doesn’t specify exact notice requirements, it’s best practice to provide at least 24 hours’ notice to respect tenant privacy and avoid disputes.
