What a Landlord Cannot Do in Georgia?

Did you know you can legally deduct rental operational expenses from your overall tax liability as a landlord in Georgia? While a landlord in Georgia is given certain privileges, you must abide by Georgia Landlord-Tenant laws to avoid legal trouble.

What should you know about Georgia law before venturing into becoming a landlord? We’ve summarized key points Georgia landlords should know before putting a property up for rent. It’ll give you a better idea of what should be in your rental agreement.

#1: An Active Duty Military Member Can’t Be Evicted Because of the SCRA

The Georgia Landlord-Tenant Handbook typically mandates that a landlord has the right to evict a tenant if they don’t pay rent on time. However, a particular federal law prevents them from evicting active-duty service members.

The Servicemembers Civil Relief Act, or SCRA, prohibits military members rendering active duty service from being evicted due to non-payment.

However, without a court order, active duty service members can delay the eviction proceedings for a minimum of three months. The court may mandate an escrow account or more lenient payment terms so the military tenant can make payments.

However, this protection extends to eviction due to non-payment only. A material breach of the lease agreement is still a legal reason for that tenant to get evicted. Moreover, the military tenant must prove they’re on active duty, and the contract should have been signed before they were deployed elsewhere.

#2: There Should Be Legal Grounds for Eviction in Georgia

The Georgia Landlord-Tenant Law details the legal reasons a landlord can evict a tenant from a rental unit. Some common causes for eviction in Georgia include nonpayment of rent, lease term violations, intentional damage of the rental property, and the end of the lease.

The lease or rental agreement details pertinent information, including the rent amount and due date. Georgia tenants should be mindful of these details to avoid grounds for eviction.

Rental agreements also discuss what’s allowed and prohibited on the property. For example, if the rental unit is meant for four permanent occupants only, allowing a 5th person to live in the property full-time is grounds for eviction.

While it’s normal for rental units to undergo wear and tear, there are instances wherein the tenant intentionally damages the property. This could’ve been because of a party or unauthorized renovations. Either way, this warrants eviction from the property.

Another common reason is the end of the lease. The tenant should notify the landlord beforehand if they want to continue living in the unit. There is no automatic extension unless otherwise stipulated in the lease agreement.

#3: Proper Protocol for Eviction Notices Should Abide by Georgia Law

Georgia takes its eviction proceedings seriously, and landlords should familiarize themselves with the proper protocol to avoid any issues. Georgia Landlord-Tenant Laws mandate that the tenants be given a 60-day written notice to vacate the premises if their lease has ended. Disobeying this notice is grounds for a lawsuit.

The state doesn’t have an official protocol for other types of eviction. However, providing a written notice is required. Moreover, self-help evictions are strictly prohibited in the state. This means the landlord cannot harass their tenant into leaving the property.

A court order is also required for the tenant to be lawfully uprooted from the property. Failure to follow these rules may cause issues for the landlord. The tenant may even counter-sue if they have legal grounds to do so.

#4: There Should be a 60-Day Notice for Rent Increases

Georgia law stipulates landlords aren’t authorized to increase rent on short notice. The landlord should give the tenant at least two months to prepare for the rent increase. Moreover, the rental agreement should explicitly say that rent hikes within the contract period are permitted.

The same principle applies to short-term leases. The landlord should give the tenant enough time to adjust to the new rent price. Sudden rent hikes are illegal in the state. Rent control laws are designed to help tenants cope with rising living costs.

#5: Georgia Landlord-Tenant Laws Are Strict Against Discrimination and Fair Housing Violations

Housing discrimination is considered illegal and unethical in Georgia. According to the federal law, The Fair Housing Act, it is prohibited to deny a potential tenant a chance to rent a property because of their disability, familial status, religion, sex, color, race, or national origin.

The Georgia Fair Business Practices Act extends these rights further. Georgia landlords can’t discriminate against tenants because of their gender identity, age, sexual orientation, or marital status.

A tenant’s history is safeguarded as well. One’s income, child support, government aid, or criminal history aren’t solid grounds for refusal. These restrictions ensure tenants are chosen based on their capabilities, not superficial factors.

#6: There Are Security Deposit Regulations in Georgia

Georgia law stipulates that the lease agreement should detail security deposit statutory limits, non-refundable fees, the protocol for move-out inspections, and security deposit returns. The state has a limit on how much security deposit a landlord can demand.

You can ask for up to two months’ rent for your security deposit in Georgia. This limit guards tenants against unfair security deposit demands. Moreover, if a tenant wants to bring a pet to the unit, the landlord may ask for a pet security deposit (which differs from one’s regular deposit). However, there is a one-month limit for this deposit.

Aside from the security deposit, a landlord may impose non-refundable fees. These expenses may include fees for pets or application processing and are only legally permitted if they don’t go over 5% of one’s monthly rent. Moreover, these items should be explicitly detailed in rental agreements.

Another pertinent detail in the security deposit agreement is the move-out inspection. The inspection should be conducted within three days after the tenant leaves the premises so the damages can be noted.

Regardless of whether the former tenant was there to witness the inspection, the landlord should document the damages, if any. The list should be provided within five days of the inspection.

Once the inspection is done, the landlord must return the remaining security deposit within a month after the lease ends. This is provided that all the contract conditions are satisfied. The deductions should be itemized and justified for the tenant.

#7: The Landlord Must Handle Maintenance and Repairs

Georgia landlords are tasked to maintain a habitable rental unit. This responsibility includes maintenance tasks and ensuring the place is safe for tenants. Georgia law stipulates repair requests should be attended to promptly.

Aside from ensuring the tenants are safe from hazards and elements, tenants can take alternative routes to ensure the place remains livable.

For example, if there are problems with the heating or hot water, the landlord must provide adequate and immediate repairs. If the repairs are delayed unreasonably, the tenant may pursue a ‘repair and deduct’ option, meaning they address the issues themselves and deduct the expenses from their rent. If the rental unit remains inhabitable, the tenant can pursue legal action.

How Tenants Can Safeguard Their Rights?

Georgia Landlord-Tenant laws are designed to safeguard both the renters and property owners. Noting these pertinent details can help you avoid potential mishaps.

Here are some helpful tips tenants should consider:

1. Confirm if you’re eligible for SCRA protections: The SCRA can spare you from potential eviction. However, you must prove you’re on active duty.
2. Read your lease agreement carefully: From security deposit rates to a potential escrow account option, you should thoroughly analyze your contract. If certain portions violate Georgia landlord-tenant laws, you should flag your landlord immediately.
3. Document all rent-related matters: If you’re negotiating with your landlord, document your communication. You need evidence in case of a dispute in the future.
4. Seek legal assistance if needed: Understandably, many people don’t understand legal terms, so you should ask for help if you don’t know what you’re getting into. You don’t need to spend a lot. There may be free resources you can turn to.

Conclusion

Lease agreements and security deposits in Georgia are designed to safeguard all parties involved. If you’re interested in investing in rental properties, you should familiarize yourself with the rules. If you’re dealing with a military tenant, that person might be eligible for SCRA protections.

Fortunately, SCRACVS can help ensure you follow the law. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

Can a landlord break a lease early in Georgia?

A landlord isn’t allowed to kick you out of your rental unit in Georgia unless there’s a material breach of contract or if you don’t pay rent on time. However, if your contract has already expired, they can do so.

What defenses can you use when evicted in Georgia?

You can present proof that rent was paid on time, the landlord violated the lease terms, or the eviction was retaliation. It would be ideal to confer with a lawyer to understand your rights.

Can a landlord increase rent within the lease agreement terms in Georgia?

Yes. However, the landlord must provide a 60-day notice before increasing one’s rent. For short-term leases, the landlord should give some windows as well.

How much notice does a landlord give a tenant to move out in Georgia?

If the lease has expired, the landlord must give the tenant 60 days to vacate the property. It also depends on the circumstances surrounding the eviction.

What makes a lease invalid in Georgia?

Violating the lease terms can render the contract invalid in Georgia. Both parties must respect the rules stated in the rental agreement.

What is considered landlord harassment in Georgia?

Landlord harassment includes verbal or written threats, frequent surprise visits, and retaliatory tactics. These are grounds for legal action in Georgia.

What is considered landlord retaliation in Georgia?

Retaliation includes suddenly increasing one’s rent or not attending to repair requests. Any action that harms the safety of the tenant can be deemed retaliation.