Real Estate Tips |5 min read

What a Landlord Cannot Do in Georgia – Your Rights Explained

Being a landlord is more complicated than many give it credit for. It is hard. While tenants may only see them when it is time to collect rent or when there is the occasional maintenance request, ultimately being a landlord encompasses a lot of varied things. The everyday upkeep of rental property isn’t easy. And the moment you are talking about a large building or many units to oversee, suddenly the role becomes a hefty and difficult job. One of the major components of being a landlord involves knowing the various regulations and laws that dictate what you can and cannot do. What a landlord cannot do in Georgia may be different than what they can or can’t do in Texas or Florida… it’s a lot to keep track of.

We have to keep up with those things. Our Atlanta area property management services encompass all kinds of things that are regulated on the state level. And they often change! So it isn’t surprising that someone would be seeking out what a landlord cannot do in Georgia because it often can be quite confusing. Let’s jump into this particular topic and explore many of the things landlords need to know in order to stay lawful and fair in their day-to-day tasks.

Table of Contents

What a Landlord Cannot Do in Georgia in Regard to Rent

In most places and specifically in Georgia, landlords need to be careful when it comes to raising rent. Landlords cannot raise rent arbitrarily during an active lease term (unless the lease specifically dictates otherwise). According to the Georgia Landlord-Tenant Handbook:

“Rent can only be increased during a lease if the lease says that may happen. The terms of the lease determine whether or not a landlord can raise rent and how often they can do so.”

Once both sides sign a lease, the rent amount is typically locked in. Whether it is a one-year or three-year lease (or month-to-month)… whatever the case may be. That includes whatever terms were in that lease. Any attempt to increase rent during the lease term without prior agreement is a violation of the tenant’s rights. Rent adjustments can only occur when a new lease term begins… which gives tenants time to evaluate their options (maybe they decide to move because of the increased rent).

What a Landlord Cannot Do in Georgia in regards to rent increases.Here is another major thing to note when asking what a landlord cannot do in Georgia. They are prohibited from retaliating against tenants. That’s a big no-no. So don’t do it. This includes raising rent in response to a tenant exercising their legal rights. For example, if a tenant reports a code violation or requests necessary repairs, the landlord cannot increase rent as a form of retaliation.

Here is another thing when it comes to rent. Landlords cannot impose sudden rent increases without providing proper notice for tenants on month-to-month leases. While Georgia does not have statewide rent control laws, landlords typically should give at least 60 days written notice before any rent increase takes effect. These safeguards are designed to promote fair and transparent rental practices.

In Regard to Deposits

What about security deposits? Landlords in Georgia cannot withhold a tenant’s security deposit without providing a valid reason. All of this should be done in writing. If deductions are necessary — for damages or unpaid rent, for example — the landlord must provide an itemized list of charges within 30 days of the end of the lease. All of this, if not done appropriately, could result in all sorts of legal consequences.

Landlords also cannot use the security deposit for routine maintenance or wear-and-tear repairs. Georgia law clearly states that normal wear and tear, such as minor carpet wear or faded paint, is the landlord’s responsibility. Misusing the deposit for these expenses violates the tenant’s rights. Both landlords and tenants benefit when clear guidelines are followed.

In Regard to Repairs

A young businesswoman is working at her desk, managing lease agreements, focusing on tenant relations and property maintenance.Then we have repairs, which is another major component of state regulations that concern landlords. Landlords in Georgia cannot ignore requests for repairs that affect the habitability of the property. State law requires landlords to maintain their rental properties in safe and livable conditions. Failing to address issues such as a broken heating system, faulty plumbing, or significant structural damage violates a tenant’s rights and, like other things we have been discussing, could lead to legal action.

Landlords also cannot retaliate against tenants for reporting repair needs or filing complaints. It falls into this same retaliation part of the laws that touch on a number of different things that landlords do. Landlords can’t retaliate. Period. Georgia law protects tenants from such retaliatory actions, like when they report maintenance and repair needs, so that they can report problems without fear of unfair treatment. Everyone should agree that that is a useful thing.

Why Professional Property Management Is a Good Solution

At the end of the day landlord-tenant laws are in place to protect both parties involved in a rental agreement. Landlord-tenant laws change frequently, and keeping up with them can be a struggle. Landlords don’t want to find themselves doing something they just plain aren’t supposed to be doing.

Contact Us Today! 

Enlisting your favorite property management group to handle your rental property is a safe way to avoid any legal issues. With a knowledgeable staff up to date on all rental property laws, you will never have to worry about discrimination during the screening process, non-compliant lease agreements, mishandling of security deposits, or any of the other things that have been outlined here. If you’re looking for top-notch management for your rentals, look no further than Bay Property Management Group. We offer comprehensive rental management services in Atlanta, Texas, Baltimore, Boston, Philadelphia, Northern Virginia, and elsewhere.

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