Landlord/Tenant (Georgia)

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Landlord/Tenant

Top Issues

Free Background Checks For Renters (Sleuth For The Truth Blogs)
Repairs & Maintenance
Security Deposits
Rent Issues (Late Rent, Late Fees, Rent Increases, etc.)
Evictions & Foreclosures
Roommates & Houseguests
Written & Verbal Rental Agreements
Moving Out (Notice Requirements, Penalties, Moving Out, Lease Renewals, Inspections)
Prohibited Practices/Illegal Lease Clauses (Includes new Anti Retaliation law)
Breaking Your Lease

Other Issues

Abandonment
Constructive Eviction
Crime Prevention
Discrimination/Fair Housing
Domestic Violence-Ending Your Lease (New Law!)
Form Letters (Samples)
HUD/Public Housing
Mobile Homes
Nuisances, Noise & Neighbors
Personal Property Left Behind

Repairs & Maintenance

2021 Georgia Landlord-Tenant Handbook (Repairs & Maintenance)
Search for the word repair using CTRL F or Command F (for Macs). FAQs on the following:
The landlord's duty to make repairs, Repair and Deduct, Your rights to pest control and air conditioning, Your rights to change the locks or make minor alterations, Making use of the local housing and health codes, Your right to be compensated for personal property damaged by the landlord's failure to make repairs.

Uninhabitable Premises/Constructive Eviction (Consumer-SOS)
Has your landlord breached his repair obligations and made your apartment unlivable? (must be very serious to qualify)

Getting The Landlord To Make Repairs (Consumer-SOS)
Tips, tactics and your legal rights in Georgia.

GA Demand Letter For Repairs (Consumer-SOS)

Repair & Deduct (GA)
Risk to Tenants: If as a result of lawful repair and deduct, the landlord files an eviction notice against you, this could turn up in a future background check and hurt your chances of renting again. You do have a right to see background report that resulted in you being denied housing. However, not everyone will be honest as to the reasons your aplication was denied. So be careful with this one. Even if the eviction attempt fails, it could still show up on a background check.

Specific GA Fact Situations and the Landlord’s Duty to Repair/Maintain (GA)
Repair & deduct, smoke alarms, pest control and what the landlord is not obligated to repair. If it is not in the lease, see if what your asking the landlord is something required by
local housing or health codes. It may mean they have a duty to maintain or repair!

Tenant's Right To Break A Rental Lease in Georgia
Explains when breaking a lease is legally justified and how to minimize your exposure when you have to leave regardless.

Help Resources In Atlanta (Consumer-SOS)
How to deal with housing code problems, discrimination, roommates, late rent and lack of money, finding an apartment, transportation, health & safety and more.

Georgia Cases On Duty To Repair.
Search on page for the term repair using ctrl F or Command F (for Macs).
p.15, cannot contract out of obligation to repair (Residential lease only)
pp.35-26 Duty To Repair,
p.36 Constructive Eviction for failure to Repair,
p.41 constructive notice of repairs, duty to inspect
p.42 Punitive Damages For Failure To Repair,

Put case cites or key words into Google Scholar to find the most GA recent cases.
Then Click on the "How Cited" button to get even newer cases.

http://militarylegal.org/landlord_tenant_law
Security deposits, duty to repair (includes appliances), holding over, evictions (very good for the latter)

Landlord Tenant Help For Soldiers At Fort Benning
Frequently Asked Questions and Where to Go For Help.

Getting Your Landlord To Make Minor Repairs (General)

Cleaning & Repairs A Landlord Can't Charge For (Not state Specific)

Tactics To Get Your Landlord To Make Repairs (Not State Specific)

Pest Control

Does the landlord have to provide for and pay for pest control?
Landlords in Georgia are not automatically required to provide pest control unless your lease says so. However, if the pest problem is severe, the landlord may be required to address the problem because the property's condition violates local health and safety ordinances. Look to your lease and your city and county health codes to see what obligations if any, these impose on your landlord. Below are resources to help you with the law and with getting free legal advice.

Find Your City's Municipal Codes
Learn how your city code treats, garbage, nuisance and safety hazards. If you can't find your city, follow their links to other code sites that can help you.

Specific GA Fact Situations and the Landlord’s Duty to Repair/Maintain (GA)
Pest control is not guaranteed, unless your rental agreement provides that the landlord will supply pest control services. Read your lease to see if pest control is specified as the responsibility of the landlord. If it is not in the lease, pest control may not be required of the landlord unless local housing or health codes require it. If the pest problem in the apartment is severe, the landlord may be required to address the problem because the property's condition violates local health and safety ordinances.

Uninhabitable Premises/Constructive Eviction (Consumer-SOS)

Georgia Cases On Duty To Repair
Search for the word repair throughout document using ctrl F or Command F (for Macs).
p.15, cannot contract out of obligation to repair (Residential lease only)
pp.35-26 Duty To Repair,
p.36 Constructive Eviction for failure to Repair,
p.41 Constructive notice of repairs, duty to inspect
p.42 Punitive Damages For Failure To Repair,

Put case cites or key words into Google Scholar to find the most GA recent cases.
Then Click on the "How Cited" button to get even newer cases.

Where Else To Get Help (Consumer-SOS)

Security Deposits

Protecting Your Security Deposit In GA (Consumer-SOS)
Advice on inspections, taking pictures and your legal rights if your deposit is unlawfully withheld.

When The Landlord Can Keep Your Deposit (Consumer-SOS)
Georgia law.

Sample Demand Letters For Return Of Deposit (Consumer-SOS)
Includes a letter from the tenant and a sample draft letter to be sent by your attorney.

2021 Georgia Landlord-Tenant Handbook (Security Deposits)
Search for the word deposit within the document for FAQs on:

The time in which your security deposit must be returned.
Assessing the pre-occupancy condition of the rental unit;
Other deposits the landlord may ask for;
What the tenant and landlord must do at the end of the tenancy;
Valid and illegal deductions;
Challenging a bill your landlord sent to a collection agency;

The Georgia Court Manual On How State Court Judges Should Decide Various Landlord Tenant Matters
Manual on the statutes, case law and procedures that judges should follow when deciding issues on security deposits.

Landlord Tenant Help For Soldiers At Fort Benning
Georgia leases have a military clause. After you move into your rental, CHRRS will assist you if you have any kind of landlord/tenant problems. If you receive PCS orders or TDY orders in excess of 90 days, you can break your lease with a copy of your PCS/TDY orders and a written 30-day notice.

Your Rights When a GA Landlord Manages 10 or More Units (Consumer-SOS)
Landlords who manage ten or more units are held to higher sta ndards than other landlords. To retain your security deposit, these landlords must follow each and every procedure set forth in Georgia law.

Your Rights When a GA Landlord Manages Under Ten Units (Consumer-SOS)

Collecting Your Deposit When You Leave But Your Roommate Remains (Consumer-SOS)

Demand Letter For Return Of Your Deposit (Consumer-SOS)

GA Security Deposit Statute

Rental Property Management & The Law (GA)
Frequently asked questions about matters such as
Application fees, apartment occupancy limits, smoke detectors, your right to appliances, the legal differences between a tenant, guest and boarder and more.

Tenant's Rights (Georgia Legal Aid)
Security Deposits and Repairs,Terminations and Renewal Questions, Evictions and Housing Discrimination.

What The Landlord Can & Cannot Charge You (Chart)
Items damaged by ordinary wear & tear vs. those damaged by the tenant's negligence.

http://militarylegal.org/landlord_tenant_law
Security deposits, duty to repair (includes appliances), holding over, evictions (very good for the latter)

Deadline For Returning Security Deposits (Chart For 50 States & DC)
Also has links to help orgs & law in many of the states. See their homepage for state guides on Landlord-tenant law.

Deadlines For LL To Itemize & Return Deposits (Chart For 50 States & DC)

State Limits On The Amount You Must Deposit (Chart For All 50 States & DC)
The limits on how much $ the landlord can demand upfront.

Landlord Tenant Laws In 49 States & DC (Missing LA)
May also have state specific brochures and pamphlets.

Security Deposit Statutes (In 48 States, Not in WV or WY)
Links to the actual statutes, state by state. (Lots of legalese).

Where To Go For More Help (Consumer-SOS)

Rent Issues

Can't Pay Your Rent, Mortgage or Utilities? (Consumer-SOS)
Step by step on what to do and where to go for assistance.

Rent Payments-2021 Georgia-Landlord Tenant Handbook (GA)
Search within document for the word rent for FAQs on rent increases, late charges, bounced check charges and the landlord's right to charge different rents for similar apartments.

Breaking My Lease-Can The Landlord Make Me Pay For The Whole Lease Term? (Consumer-SOS)
Yes, No and Maybe. (But never the full amount if the landlord has a replacement tenant).
If Yes, find out if the landlord make force you to pay all the rent at once? (Accelerated rent clause)

Moving Out (Consumer-SOS)
Notice Requirements, Penalties, Lease Renewals, Inspections.

The Georgia Court Benchbook On How State Court Judges Should Decide Various Landlord Tenant Matters
Manual on the statutes, case law and procedures that judges should follow when deciding landlord tenant cases. This offers inside information on how the judge will see your case and how you can best argue your position. The left hand index has all you want to know about security deposits, evictions, repairs, counter claims, summons, service ands more.

Help Resources In Atlanta (Consumer-SOS)
Where to get help paying your rent. Also has info on housing code problems, discrimination, roommates, finding an apartment, transportation, health & safety and more.

Rental Property Management & The Law (GA)
Frequently asked questions about matters such as
Application fees, apartment occupancy limits, smoke detectors, your right to appliances, the legal differences between a tenant, guest and boarder and more.

Tenant's Rights (Georgia Legal Aid)
Security Deposits and Repairs,Terminations and Renewal Questions, Evictions and Housing Discrimination.

Landlord Tenant Help For Soldiers At Fort Benning
Georgia leases have a military clause. After you move into your rental, CHRRS will assist you if you have any kind of landlord/tenant problems. If you receive PCS orders or TDY orders in excess of 90 days, you can break your lease with a copy of your PCS/TDY orders and a written 30-day notice.

Rent Control Law (Georgia Forbids It)

Rent Due Dates, Late Rent, Rent Increases (Not GA Specific)

For Those Without A Written Lease See Verbal Rental Agreements

Where To Go For More Help

Evictions & Foreclosures

GA Evictions Basics (Consumer-SOS)
What the Landlord Must Do Before Evicting You,
When Late payment of Rent Can Stop an Eviction,
How long You Have To Respond To A Dispossessory Warrant.

Evictions and The Dispossessory Process (2021 Georgia Landlord-Tenant Handbook)
Search for the word eviction or disposses or foreclosure for FAQs on Tenant Abandonment, LL Removing Possessions without a Court Order, Eviction Procedures and Service, tenant defenses and more.

Evicting A Houseguest (Consumer-SOS)
What to do when your guest won't leave.

Georgia Evictions (For Landlords)
The mechanics of:

1. Notice
2. Filing/service
3. Default (if applicable)
4. Hearing (if applicable)
5. the actual Eviction

http://militarylegal.org/landlord_tenant_law
Very Good For Evictions, Holding over, etc)

How Much Notice Must The Landlord Give Me To Move Out When I Had A Written or Verbal Lease For No Specific Time Period? (Consumer-SOS)

Help For The Homeless (or Soon To Be Homeless) Georgia Assistance Directory (Georgia)
Are you about to be homeless? This site lists homeless assistance resources by Georgia county, including Homeless Prevention and/or Rapid Re-Housing resources.

Servicemember Rental and Eviction Protection
Under the SCRA, if you rent your home or apartment and the rent does not exceed a certain amount ($3,851.03 per month in 2019) then your landlord cannot evict you or your dependents while you are serving on active duty without first obtaining a court order. In addition, you can request that the court delay the execution of an order to evict you or your dependents for 90 days.

Being Served With Eviction Papers (Consumer-SOS)
The difference in Georgia between personal and post & mail service and how it affects your legal rights.

Responding To An Eviction Notice (GA)
Strategies, time periods and what happens next.

Tenant Defenses Against Eviction (GA)
Your defenses and counterclaims that you can raise against your landlord when served with an eviction notice.

Frequently Asked Questions Asked By Landlords & Tenants (Gwinnett Magistrate Court)
Evictions, dispossessions, subpoenas, filings, evidence, witnesses and other court related matters.

Eviction Law (The GA Statutes)

Mobile Homes-Landlord's Right To Evict You (GA)

Soldiers' and Sailors' Relief Act:
If you're a reserve component service member called to active duty, you're protected by a law that can save you some legal problems and possibly some money as well. Under the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, you may qualify for any or all of the following: • Reduced interest rate on mortgage payments. • Reduced interest rate on credit card debt. • Protection from eviction if your rent is $1,200 or less. • Delay of all civil court actions, such as bankruptcy, foreclosure or divorce proceedings.

Landlord Tenant Help For Soldiers At Fort Benning
Georgia leases have a military clause. After you move into your rental, CHRRS will assist you if you have any kind of landlord/tenant problems. If you receive PCS orders or TDY orders in excess of 90 days, you can break your lease with a copy of your PCS/TDY orders and a written 30-day notice.

http://www.mrlandlord.com/html/frametop_frametop.html (In 48 States, Not HI or MI)
This site has select laws from each state on security deposits, evictions and landlord laws, but it's not consumer friendly. Their "landlord Laws sections may have stuff on notice to end tenancy and other stuff tenants should know.

Where To Go For More Help

Abandonment

The Georgia Court Manual On Distress Proceedings: How State Court Judges Should Decide If The Landlord Can Keep The Tenant's Property
This is most helpful to landlords who have already filed a proceeeding in state court. For ex-tenants, see what the judges are looking for and show how the landlord did not comply with it.

Help! My tenant was late on rent, abandoned the property, and now wants her stuff back! I already changed the locks and want to sell her stuff or at least hold on to it until I get the rent. So what do I do now?

The answers below may not apply if your facts are different than those described. Same goes if you have a written lease agreement, or are a HUD or mobile home landlord. Different facts may result in a different application of the law. Underlined facts may have extra importance.　

When in doubt, consult an experienced Landlord/Tenant Attorney.

Facts

I (The legal Landlord) and the tenant had an unwritten lease agreement where she would pay rent every week/two weeks/ month (choose one) She moved in on x date and there was no set date for her to leave.

On__________, I entered the premises to find the electricity had been turned off and food was rotting in the refrigerator. (list any facts that show tenant had no intention of returning) The tenant's rent was already X weeks past due and she had not answered my phone calls, emails, knocks on the door, etc for x days. (briefly elaborate how you tried to contact her, and why you decided to enter the premises).

At this point I realized she had already abandoned the premises and had no intention of paying the rent. X days later I changed the locks.

On Y date the tenant called me to say she left x weeks ago and is only returning to pick up her belongings. She never mentioned paying the rent/said she couldn't/wouldn’t (briefly fill in what happened) She says she will pick up her property on _______. I told her yes/no you can’t/I didn’t say anything.

Questions You Need To Know The Answers To (For Answers Click on The Links)

What rights does the former tenant have to the property she left behind? Is she now a trespasser or still a tenant?
How can I prove abandonment and that eviction was not required for me to change the locks and keep her from removing her belongings? Is there anything I can do here to legally protect myself? What if she calls the police to get her property back?
What rights do I have to keep/sell or dispose of the property so I can collect past due rent and expenses? Can I collect another month's rent for her failing to give me 30 days notice? What if she pays rent twice a month rather than once a month? Does she still need to give me 30 days notice?
Is there any Georgia Case Law on Point?

Answers

What rights does the former tenant have to the property she left behind? Is she now a trespasser or still a tenant?

If the property was clearly abandoned, then the former tenant is now a trespasser and cannot legally go on the property against your wishes, even if it’s to reclaim her own property. See Case Law on Abandonment & Notice To End Lease Agreement

However, you may be required to hold onto the property/obtain a court order to sell it/trash it.

Right to Sell or Dispose of Property

Seek legal advice before selling or disposing of former tenant’s property.

GA LAW § 44-7-55

A writ of possession authorizes the executing officer to remove a tenant's personal property and place it on some portion of the landlord's property or on other property that the landlord designates and the officer approves. The landlord owes no duty to the tenant regarding it. After the writ is executed, the property is regarded as abandoned.

If the tenant’s property is worth more than she owes you, she may be entitled to some of the proceeds if you decide to sell it. It may all depend on if the court or law determines the property was really abandoned. To protect yourself, itemize every bill and expense owed to you.

The following excerpt was taken from this link below

http://74.125.45.132/search?q=cache:k35SNPRYtXkJ:www.dca.state.ga.us/housing/HousingDevelopment/programs/downloads/FAQHANDB-PgNo.pdf+tenant+abandoned+georgia+ocga&hl=en&ct=clnk&cd=1&gl=us

When the tenant vacates the premises prior to the end of the lease term, it constitutes abandonment of the tenancy. A landlord must be cautious in declaring rental property abandoned and taking possession. If a landlord mistakenly declares property abandoned and removes the tenant's property, the landlord may be held liable for the property the tenant lost.

It is best for a landlord not to consider property abandoned while rent is paid.

Once rent is past due it is best for the landlord to file a dispossessory affidavit and obtain a court order for possession of the property. This will protect the landlord from liability. If the landlord does remove the tenant’s property without a court order, it is a good idea for the landlord to take pictures of the property disposed of in case the tenant raises a claim against the landlord. It is good practice for a landlord to have language in the lease which states that personal property left in the rental property after termination of the lease will be considered the landlord’s property.

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How do I prove tenant abandonment and that eviction was not required for me to change the locks and keep her from removing her belongings? Is there anything I can do here to legally protect myself? What if she calls the police to get her property back?

To show abandonment, take date stamped photographs of rotting food, her furniture, the condition of the apartment, piled up mail or newspapers (or no mail because she forwarded elsewhere, etc.) If you don’t have a date stamp. Make sure that today’s newspaper (date clearly visible) is in at least some of the photographs. Take picture of carport to show her car is not there, etc.

Also use photos of her furniture to create a record of what’s there and not there, as well as to verify the furniture’s condition. The photos will be your alibi if she later claims you took or damaged something. Include any other evidence of abandonment, such as any letters, emails or voicemails indicating she won’t be back, etc. Develop photos fast and have them in your purse. Just in case she comes and the police are called.

Finish writing in the facts above and make sure you have the correct dates. You may need a copy of the facts to show a police officer or to attach to a court complaint. Be ready to obtain evidence of the dates and times you last communicated with the tenant, i.e. your cell phone records, emails, etc.

Consider Warning the police in advance of the expected situation and also seeking their advice on what to do if she comes on the property. This shows you are acting proactively (the behavior of the innocent) and gives you tips on how to handle this so the police will support you. And if she comes by and is the first one to call the police, they will be ready for her.

Call their non-emergency line (see government pages in phone book, do not call 911) Get the name of the officer and his/her backup to call if she comes on the premises. At the very least, you don’t want the police to allow her to remove her stuff without at least tendering the rent money.

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The Two Excerpts below are from From a GA Lawyer’s website at

http://georgiaeviction.com/

If The Tenant Has Abandoned The Property, Do I Need A Dispossessory Proceeding ?
If your tenant has actually abandoned your property, then a dispossessory proceeding may not be required to regain possession. However, this can become very tricky because to have ACTUALLY ABANDONED the property, there must be non-use by the tenant coupled with an intention to relinquish all rights in the property. Since it's impossible for landlords to know the intentions of their tenants, this is often an area where landlords get in trouble. Thus it's always safer to have a dispossessory proceeding if feasible.

My Tenant Has Abandoned The Property, But They Left All Their Stuff
If your tenant has actually abandoned your property, but has left all of their stuff inside, it's often tempting to just throw the items away. However, a landlord faced with this situation can never be certain that the tenant will not come back at a later date and demand that their property be returned to them. In cases like this, it's prudent to handle such property very carefully.

We usually recommend that the landlord take photographs of all of the property and create a detailed list of the property, carefully denoting each item's condition. After this is done, have somebody who would make a good witness oversee the removal of the property from the premises. While disposing of the property would seem to be the most efficient approach at this point, it may be better to store the property in a safe place and send a letter to the tenant letting them know that if the property is not redeemed by a specific date, it will be disposed of. Following these procedures should protect you from liability in situations like these.

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LEGAL CONCLUSIONS SUPPORTED BY THE FACTS IN ERFANI v. BISHOP, 553 SE2d 326, 251 Ga. App. 20 (2001).

THIS CASE SUPPORTS THAT:

1. IN VERBAL LEASE AGREEMENTS, THE TENANT MUST GIVE AT LEAST 30 DAYS NOTICE OF INTENT TO
LEAVE. IF LESS NOTICE IS GIVEN, HE IS OBLIGATED TO PAY ANOTHER FULL MONTH'S RENT;

2. A TENANT CAN BE FOUND TO HAVE LEGALLY ABANDONED THE PREMISES BY LEAVING BEFORE THE
LEASE TERM ENDS. (I.E. BEFORE THE TIME HE WAS OBLIGATED TO PAY RENT FOR); (DISREGARD IF
TENANT UP TO DATE WITH RENT AND OTHER BILLS);

3. WHEN THE TENANT ABANDONED THE PREMISES AND WAS LATE ON HIS BILLS OR RENT, THE LANDLORD
WAS JUSTIFIED IN CHANGING THE LOCKS WITHOUT RESORTING TO FILING COURT PAPERS;

4. THE FORMER TENANT BY ENTERING AFTER THE LANDLORD CHANGED THE LOCKS, WAS NOW A
TRESPASSER, WITH NO LEGAL RIGHT TO ENTER WITHOUT THE LANDLORD'S EXPRESS PERMISSION.
TRESPASSER HAD NO RIGHT TO ENTER EVEN WHEN LANDLORD STILL HAD HIS POSSESSIONS.

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