Atlanta Landlord-Tenant Law Basics for Owners

This article is for general information only and is not legal advice. Consult a Georgia attorney for guidance on your specific situation.

Security deposits

Georgia does not cap the amount a landlord can charge for a security deposit. However, owners who hold ten or more rental units (including units owned by family members in some cases) are required to hold deposits in an escrow account with a state-chartered bank and to provide tenants with the bank name. All landlords — regardless of portfolio size — are required to give tenants a written list of existing damages at move-in and to return the deposit, less any documented deductions, within 30 days of move-out.

The most common deposit dispute in Atlanta comes from undocumented move-in condition. Skip the move-in inspection and you've given up your best evidence.

Notice requirements

For tenant-at-will arrangements (no written lease, or after a lease expires into month-to-month), Georgia requires 60 days' notice from the landlord to terminate, but only 30 days from the tenant. Written leases govern their own terms — make sure your lease language matches your intent.

For rent increases on month-to-month tenants, the same 60-day rule applies as a practical matter, since you're effectively terminating the existing arrangement and offering a new one.

The eviction process

Georgia uses a "dispossessory" proceeding for evictions. The general path:

• Demand for possession (no specific waiting period after the tenant breaches)
• File a dispossessory affidavit in magistrate court if the tenant doesn't pay or vacate
• Tenant has seven days from service to file an answer
• Hearing scheduled, judgment issued
• If the landlord prevails, a writ of possession is issued; the sheriff schedules the actual removal

Total time from filing to physical removal in metro Atlanta counties usually runs four to eight weeks, longer if the tenant contests. Self-help eviction — changing the locks, shutting off utilities, removing belongings — is illegal and creates serious liability.

Habitability standards

Georgia landlords have a statutory duty to keep premises in good repair. That includes functioning plumbing, electrical, heating, and a weather-tight structure. Tenants have remedies — including rent withholding in some circumstances — when major habitability issues are ignored.

The practical takeaway: respond to maintenance requests promptly and document everything. Most habitability disputes are won or lost on the paper trail.

Fair Housing

Federal Fair Housing law prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. Atlanta and Fulton County add additional protected categories in some cases. Apply your screening criteria consistently to every applicant, document your reasoning for any denial, and never make decisions based on a protected characteristic — even one mentioned casually in conversation.

Where this gets owners into trouble

Most landlord-tenant problems in Atlanta come from three places: incomplete move-in documentation, inconsistent application of screening criteria, and DIY eviction shortcuts. Each of those is preventable with process. A professional manager makes process the default.