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Offering or signing a Georgia residential lease? Four rules that changed in 2024
For leases entered into or renewed on or after July 1, 2024, Georgia caps security deposits at two months' rent, implies a habitability term and requires a three-business-day notice before an eviction filing for unpaid rent. A lease drafted before then may need updating.
Responsible attorney: Lou Schwartz, Schwartz & Associates, PC, Atlanta, Georgia. intake@snalawyers.com
Key takeaways
- A landlord may not demand or receive a security deposit above two months' rent [1].
- Every residential lease includes a term that the premises is fit for human habitation, written or not [2].
- Before filing for possession over unpaid rent, a landlord must give a notice to pay or vacate within three business days, posted in a sealed envelope on the door [3].
- The deposit, less permitted deductions with an itemized statement, is due within 30 days after the landlord regains possession [4].
At a glance
On this page
- How much can a landlord collect as a security deposit?
- Does every lease include a habitability promise?
- What notice is required before an eviction filing for unpaid rent?
- When is the deposit due back?
- What should the lease say?
- What should I avoid doing?
- How do I protect my position?
- When does it make sense to talk to a lawyer?
- How was this article prepared?
A homeowner rents out a townhouse using a lease form downloaded years ago, or a tenant is handed that form to sign. Georgia changed several residential lease rules for leases entered into or renewed on or after July 1, 2024. This article covers four of them and what a current lease should reflect.
How much can a landlord collect as a security deposit?
No more than two months' rent. Georgia law provides that a landlord may not demand or receive a security deposit that exceeds the equivalent of two months' rent, for residential leases entered into or renewed on or after July 1, 2024 [1].
The statute says
“No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months' rent.”
Does every lease include a habitability promise?
Yes. Georgia law treats every lease or rental agreement for a dwelling, whether written or oral, as including a term that the premises is fit for human habitation [2]. The landlord also remains obligated to keep the premises in repair [2].
The statute says
“is deemed to include a provision that the premises is fit for human habitation.”
What notice is required before an eviction filing for unpaid rent?
A three-business-day notice. Before filing for possession over unpaid rent, late fees, utilities or other charges, the landlord must give a notice to vacate or pay all past-due amounts within three business days [3]. The notice must be posted in a sealed envelope conspicuously on the door and also delivered by any other method the lease specifies [3].
When is the deposit due back?
Within 30 days after the landlord obtains possession [4]. If the landlord keeps any part of it, the landlord must give the tenant a written statement of the exact reasons, including the required list of damages, and pay the difference [4]. A deposit may not be kept for ordinary wear and tear [4].
What should the lease say?
- Rent, due date, late fees and the deposit amount, within the two-month cap.
- A repair and maintenance clause consistent with the habitability term.
- A notice clause that names how notices will be delivered.
- A move-in condition report and the move-out deposit process.
- Required disclosures, including the federal lead-based paint disclosure for housing built before 1978 [5].
What should I avoid doing?
- Using a pre-2024 lease form without checking the deposit, repair and notice terms.
- Signing a lease that waives repairs entirely or demands a deposit above two months' rent.
- Agreeing to a notice method you will not monitor.
How do I protect my position?
- Confirm the date the lease was signed or last renewed.
- Update the form for the 2024 changes before the next signing or renewal.
- Document the condition of the unit at move-in and move-out.
- Keep copies of every notice and how it was delivered.
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When does it make sense to talk to a lawyer?
When you own several units or use a property manager, when the unit is subsidized or covered by a local ordinance, when a tenant raises a repair dispute, or before filing for possession.
What's settled, what depends and what's unclear?
The two-month deposit cap, the implied habitability term and the three-business-day notice apply to leases entered into or renewed on or after July 1, 2024 [1] [2] [3].
When a particular lease was signed or renewed, and what delivery methods it specifies.
Local ordinances, subsidized housing programs and leases of commercial space follow other rules.
How courts will apply the habitability term to specific conditions; Justia lists the current version of the dispossessory statute as effective until Jan. 1, 2027, so confirm the text in force [3].
Compare your current lease form against the 2024 changes: the deposit amount, habitability language, notice and delivery terms and the move-out deposit process.
How was this article prepared?
It was drafted with AI assistance from the primary sources listed below, then reviewed, edited and approved by Lou Schwartz, the responsible attorney, on the review date shown. Each source was checked on the date listed beside it. The article is general information about Georgia law, not legal advice, and reading it does not create an attorney-client relationship.
Sources
- O.C.G.A. § 44-7-30.1 (security deposit limit)
- O.C.G.A. § 44-7-13 (landlord duty to repair; fitness for habitation)
- O.C.G.A. § 44-7-50 (dispossessory proceedings; notice)
- O.C.G.A. § 44-7-34 (return of security deposit)
- 40 C.F.R. Part 745, Subpart F (lead-based paint disclosure)
How we write and review
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- Every heading is a question a reader would ask.
- Every legal statement cites a primary source checked on the update date.
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General information, not legal advice. Reading this article or using the intake assistant does not create an attorney-client relationship.