Georgia Landlord Tenant Handbook, Ninth Edition, April 2005 This Handbook is designed to answer common residential landlord-tenant questions relating to the following topics: Rental Property and the Law, Lead Paint Disclosure Requirement, Leases and Rental Agreements, Lease Termination and Renewal. Military Servicemembers as Tenants, Security Deposits, Rent Payments and Other Charges, Repairs and Maintenance, Evictions and the Dispossessory Process, Questions Asked About Fair Housing. This booklet was first prepared and published in November of 1985. This ninth edition was madepossible by the Georgia Department of Community Affairs through a contract with Georgia
Legal Services Program.
By: Georgia Legal Services Program
Information for Tenants
Many people who rent a place to live do not have a basic knowledge of the duties and rights involved. If there is a written lease, it will describe some of the duties of the tenant. A written lease will also explain some of the duties of the landlord. Even if there is not a written lease, tenants and landlords have the legal duties to each other.
By: Elder Law Committee of State Bar of Georgia
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Rent Payments (Answers to Common Questions)
This document answers common questions about a tenant's rights and obligations in connection with rent payments.
By: Georgia Legal Services Program
Rental Property Management and the Law
(Separate Website)
This webpage contains basic legal information about the management of residential rental property in Georgia.
By: Georgia Department of Community Affairs
Renting a Home
This document describes the basic rights and responsibilities of landlords and tenants, excerpted from An Introduction to Law in Georgia, Fourth Edition, published by the Carl Vinson Institute of Government, 1998 (updated 2004).
By: Carl Vinson Institute of Government, University of Georgia
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Lease Termination and Renewal
Early Termination of a Lease (Answers to Common Questions)
This document contains the answers to common questions about terminating a lease earlier than what is written in the lease contract.
By: Georgia Legal Services Program
What Happens to Tenants When the Property They Are Renting Is Foreclosed?
This document describes tenants' rights when the mortgage by their landlord on the property they are renting from the landlord has been foreclosed.
By: Georgia Legal Services Program
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Related Information
Georgia State Fire Code
(Separate Website)
This Georgia State Minimum Standard Code (the International Fire Code) establishes regulations affecting or relating to structures, processes and premises and safeguards from the hazards of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from fire hazards in the structure or on the premise from occupancy or operation. It also applies to the construction, extension, repair, alteration or removal of fire suppression and alarm systems.
By: Georgia.gov
Life Skills for Homeowners and Renters
Whether you own your own home or rent a house or apartment, there are a number of things you need to know and do to protect yourself from things like eviction, foreclosure, or overpaying for services. This guide sets out a number of life skills that you need to keep in mind in your daily business.
By: Atlanta Legal Aid Society
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Rental Property and Satellite Dishes and other Antennas
Federal law prohibits restrictions that keep you from installing, maintaining or using antennas to receive video programming. This rule applies to owned property and to rental property where the renter has exclusive use of the area in which the antenna is installed, such as a balcony or patio. The rule also applies to antennas that receive and transmit fixed wireless signals as long as the antennas meet size limitations on property that they own or rent.
By: Georgia Legal Services Program
Repairs to Rented Property (Answers to Common Questions)
This document answers common questions about getting repairs made to property that you are renting.
By: Georgia Legal Services Program
What is a Landlord Tenant Relationship?
This documents answers common questions about landlord and tenant relationships and rights.
By: Georgia Legal Services Program
Why is the Lease Important?
This documents provides basic information about what leases are, the ways a lease protects the tenant and the important issues that residential lease should cover.
By: Georgia Legal Services Program
Resources and Assistance
Need Help Finding Rental Housing?
(Separate Website)
purpose is to provide information on the availability of affordable rental housing throughout the State in an Internet friendly environment. The Georgia Department of Community Affairs does not screen postings to this site and does not screen landlords and/or prospective tenants using this site. DCA has no way of independently verifying the information posted by a potential tenant or a landlord. More specifically,
Users of this site are not screened by the Georgia Department of Community Affairs;
Criminal background checks and/or reference checks are not done by DCA on site users; and,
DCA has not inspected properties posted on this site and makes no warranties or representations as to the conditions of the site or the information posted.
The rental of a housing unit, whether for money or for free, is a legal arrangement between the owner of the property and the tenant. Both the owner and the renter should always exercise your normal process of due diligence before entering into an agreement to rent a unit, either as the owner or the renter, or to provide shelter free of charge. Further information about Georgia's Fair Housing law can be found in the Landlord Tenant Handbook or by calling the Georgia Landlord Tenant Hotline at 1-800-369-4706.
By: Georgia Department of Human Resources, Division of Aging Services
Rent and Deposit Assistance Agencies for Atlanta and Fulton County
This document contains a list and the contact information for all of the agencies that provide rent assistance and security deposit assistance to Atlanta and Fulton County residents.
By: Atlanta Legal Aid Society
Renter’s Assistance
(Separate Website)
Looking for an apartment or house to rent? It can be both exciting - and frustrating. Click the link to read more about it.
By: U.S. Department of Housing and Urban Development
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How does a landlord remove a tenant in a dispossessory action?
(Separate Website)
First, the landlord must demand that the tenant give up possession and leave the unit. This demand should be made in writing. If the tenant refuses to leave, the landlord or his representative must go to the magistrate court and file a dispossessory affidavit under oath. The magistrate court then has the sheriff serve a summons on the tenant. The summons tells the tenant that he has seven (7) days from the date the summons is served to file an Answer with the court. The Answer is your chance to say why the landlord is not legally entitled to kick you out. In your Answer, you MUST include all your claims against the landlord. If the tenant fails to Answer, the lawsuit is in default, and the court can give the landlord a writ of possession that allows the sheriff to remove the tenant immediately. If the tenant answers, a trial of the issues will take place. If the trial results in a judgment in favor of the landlord, The tenant may stay in the rental unit until there is a court order to leave. The landlord may ask the court to order the tenant to pay rent into the court registry before the hearing takes place. If the court orders the rent payment and the tenant refuses to pay, the court can issue a writ of possession and have the sheriff remove the tenant immediately. The tenant can be ordered to pay the rent that is owed.
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My landlord is not making repairs as he should. What can I do?
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First, you should send the landlord a written, dated notice to let him know of the exact repairs that are needed. Be sure to follow the lease provision about how to give notice to the landlord of needed repairs. If the landlord fails to make the repairs within a reasonable time after written notice, you have three options:
1. Repair and deduct: Give your landlord written notice that you intend to have the repairs done yourself and to deduct the cost of the repairs from your rent. Have the repairs done by a competent repair person at a reasonable cost. Keep copies of all repair receipts as well as a written statement of the work performed and the problem corrected. Deduct these repair costs from your future rent by sending copies of the repair receipts along with the remaining amount of rent due to your landlord. This is the easiest and safest option for the tenant who wants to fix the problem without a lawyer. If you are renting the apartment month-to-month without a written lease, you should not spend more on the repairs than you can deduct in 60 days, because the landlord can terminate your lease with 60 days notice.
2. Damage suit: The tenant can sue the landlord for damages caused by the landlord?s failure to repair.
3. Recoupment to rent action: The tenant can get an expert to estimate the amount of value that has been lost due to the unrepaired premises. The tenant can deduct that amount from the rent that is due each month. If the landlord sues the tenant to recover that money, the tenant can bring a counterclaim of ?recoupment to rent.? This is a more complicated option that should be used only by an attorney.
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What if the landlord refuses to give back the security deposit even though the tenant deserves to have the money refunded?
(Separate Website)
If a landlord keeps all or part of the security deposit, he has thirty days in which to send the former tenant a written statement of the exact reasons why the security deposit was kept. If the landlord wrongfully keeps a security deposit, the tenant may sue him in the magistrate, state or superior court where the landlord resides or where the landlord?s agent for service of process is located. If the landlord owns more than ten (10) units or uses a third party to manage the units, he can be liable for three times the amount of the wrongfully kept security deposit, plus attorney?s fees (O.C.G.A. § 44-7-35).
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What is a security deposit, and why do I have to pay it?
(Separate Website)
In Georgia, a security deposit is money paid to the landlord by the tenant for things such as damage deposits, advance rent deposits, and pet deposits. A security deposit does not include non-refundable pet fees, application fees, and deposits to hold the apartment before the tenant signs the lease. Security deposits are designed to protect the landlord in
the event the tenant moves out early or damages the property. Before paying a deposit, a tenant should get in writing what the payment is for and whether the payment is refundable.
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