***This information is designed to answer common residential landlord-tenant questions. The information presents basic landlord-tenant law using accessible language and format. This information cannot take the place of professional legal advice. Because the circumstances of each case will be different, the answers are given in general terms. While this information should be helpful to both landlords and tenants, it should not be used as a substitute for legal representation. Both landlords and tenants should seek legal counsel when needed.

 

This information may not reflect the current status of Georgia landlord-tenant law. Before relying on this information, the underlying law should be independently researched and analyzed in light of your specific problem and facts. Your public library may have copies of the Official Code of Georgia and, if not, may be able to provide you with where to find such material in your community.***

 

 

1)       What is a Landlord Agreement?

2)       What is a 1099?

3)       Why is there a difference between the amount the tenant is paying and the amount that I receive each month?

4)       How do I change my login ID and/or password?

5)       A tenant wants to review the rental file the landlord maintains on the unit. Is the landlord required to allow a tenant to review the rental file?

6)       Is there a limit on the number of persons who can reside in a one bedroom apartment?

7)       Must I inform prospective tenants that my rental property contains lead-based paint?

8)       I recently inherited property which I do not want to sell at this time. If I decide to rent the property, what will my responsibilities be as a landlord?

9)       I own a six unit residential apartment building which I rent. There is a parking lot with designated parking places. Unauthorized persons are parking in the lot. Can I have those cars towed?

10)    Does a tenant have any rights when there is not a written lease?

11)    What do I need to know about security deposits before I sign a lease?

12)    What do I need to do at the end of the tenancy?

13)    As a landlord what can I deduct from a tenant's security deposit?

14)    I am a landlord who rents two homes. I do not employ a management agent. My tenants moved out, how do I return the security deposit?

15)    What happens if the landlord refuses to refund the security deposit even though the tenant satisfied the conditions for refunding the security deposit?

16)    I own rental property. I have been notified that the county government has declared my property unfit for occupancy. What does this mean?

17)    When can a landlord begin legal proceedings to evict a tenant?

18)    What must a landlord do to evict a tenant?

19)    Today I received a dispossessory affidavit because I failed to pay my rent the first of the month. I now have money to pay my rent. What can I do?

20)    My tenants have not paid rent in several months. Can I turn off their utilities?

 

 

 

 

What is a Landlord Agreement?

The Landlord Agreement Option is available to residential, commercial, and industrial property owners, landlords, and management companies who agree to have the electric service automatically placed in their name for billing when a tenant vacates a premise. The electric service is not disconnected and therefore, a trip is not made to reconnect service for the landlord.

The Landlord Agreement is not effective when landlords, owners, or management companies request service in their name at a premise at the same time a Landlord Agreement is requested. A trip is made to the premise to establish the initial reading on the meter and an account establishment charge is billed for each premise. This option is designed to benefit both the landlord and Georgia Power Company. The advantages are:

·          When a tenant moves out, clean-up work can begin immediately since the electric service remains connected. The landlord does not have to contact Georgia Power Company to reconnect the meter and the account establishment charge is waived. However, should the tenant be disconnected for non-pay, the landlord must call to have service restored and verify the tenant has vacated.

·        Georgia Power Company makes only one trip to obtain a reading for the stop and start of billing. The beginning meter reading for the landlord is the out reading taken for the tenant.

·         The electric service remains in the landlord's name. Therefore, the rental unit may be shown and it also allows the new tenant time to apply for service. It is the landlord's responsibility to ensure that tenants apply for electric service when units are rented.

·         Requests for deletions or additions to your Landlord Agreement must be submitted in writing. A disconnect order does not constitute a request to delete a property from your Landlord Agreement

Note: Landlord Agreements must be in the names of the party responsible for bill payment. And if you are representing more than one address, please attach a list of each individual address to be placed on the Landlord Agreement.

What is 1099-MISC?

The Form 1099-MISC is used to report miscellaneous income for individuals and companies who have been paid $600 or more in non-employee service payments during a calendar year with the exception of royalty payments of $10 or more.

 

Why is there a difference between the amount the tenant is paying and the amount that I receive each month?

The amount that is received on a monthly basis from the tenant is reduced by the monthly management fee plus any repair expenses incurred during that particular month.

 

How do I change my login ID and/or password?

You may change your login ID and/or password by clicking on the “Contact US” located on the top menu bar.  Complete all of the required fields and enter your new login ID and/or password and it should be changed within 8 business hours.

 

A tenant wants to review the rental file the landlord maintains on the unit. Is the landlord required to allow a tenant to review the rental file?

No, those files are the sole property of the landlord or management company, and the tenant has no legal right to demand access to these files. However, if the file is used by the landlord against a tenant in court, the tenant can access this information through court procedures.

 

Is there a limit on the number of persons who can reside in a one bedroom apartment?

Georgia law does not regulate the number of persons who can reside in a housing unit. However, county or city ordinances would apply and may impose such limits.

 

Must I inform prospective tenants that my rental property contains lead-based paint?

Yes, federal law requires that most property owners who rent residential property built before 1978 disclose all known lead-based paint and lead-based paint hazards in the home and make available reports on lead present in the home. The lease should reflect that such notice was given and contain a warning of the danger posed by lead paint and lead paint hazards. The landlord should keep copies of such leases for three years to prove compliance with federal law. Landlords must provide each new tenant and each renewing tenant a copy of the EPA pamphlet "Protect Your Family From Lead in Your Home." Landlords seeking more information or copies of the pamphlet can call the National Lead Information Clearinghouse at 800-424-LEAD.

 

I recently inherited property which I do not want to sell at this time. If I decide to rent the property, what will my responsibilities be as a landlord?

If you decide to rent the property, you will be responsible for keeping the unit in safe and habitable condition, making repairs, selecting tenants and collecting rent from tenants. Once a property is leased, the tenant has a right to use, occupy and enjoy the premises in accordance with the lease or rental agreement. A written lease which clearly sets out the duties of both the landlord and the tenant provides the best protection for both parties. Your actions as a landlord are controlled by the terms of the lease and applicable federal, state and local law. There are a variety of books available at book stores and libraries which describe in general terms the advantages and disadvantages of becoming a landlord. You might also wish to consult with an attorney or real estate agent, experienced in managing rental property, for help in drawing up a lease and understanding a landlord's rights and responsibilities.

 

I own a six unit residential apartment building which I rent. There is a parking lot with designated parking places. Unauthorized persons are parking in the lot. Can I have those cars towed?

If you own the parking lot and have posted notice, you can have the unauthorized cars removed. The notice must be visible and state that unauthorized vehicles may be removed at the cost of the owner and where the towed vehicle can be recovered. You must use a towing and storage firm with a Public Service Commission permit and licensed by your local government. The towing and storage firm must also have a secured impoundment lot.

 

Does a tenant have any rights when there is not a written lease?

A tenant who occupies rental property with the landlord's consent and makes rent payments without a written lease is called a "tenant-at-will." Georgia landlord-tenant law, including eviction laws and security deposits laws, still applies. A tenant-at-will has the right to occupy and use the rented premises subject to any restrictions upon which the landlord and the tenant have agreed.

 

Because there is not a written lease, Georgia law regulates the type of notice which a tenant-at-will and the landlord of the tenant-at-will must give to terminate or change the original rental agreement. A tenant must give thirty (30) days notice to the landlord to terminate or change the original agreement. A landlord who has a tenant-at-will must give sixty (60) days notice to the tenant before seeking to terminate the agreement or change any term of the original agreement. This means the landlord must give a tenant-at-will sixty (60) days notice before imposing a rent increase. To protect your legal rights any and all notices should be in writing. When a tenant-at-will fails to pay rent the landlord is not required to give the sixty days notice before terminating the tenancy. If the tenant-at-will fails to pay rent, the landlord can demand possession and immediately file a dispossessory warrant seeking possession in court.

 

What do I need to know about security deposits before I sign a lease?

Georgia law establishes an inspection procedure, the purpose of which is for the landlord and tenant to agree on the pre-occupancy condition of the rental unit. Georgia law requires that before the tenant pays a security deposit and moves into the rental unit the landlord must give the tenant a complete list of any existing damages to the premises signed by the landlord. The list should also contain a written notice of the tenant's duty to sign or object to the list. The tenant is to be afforded an opportunity to inspect the rental unit to determine if the list is accurate or if additional defects need to be added to the list. The tenant must sign the list or specify in writing on the list the items in dispute and then sign.

The move-in inspection discussed applies to landlords who collectively own more than ten (10) rental units including units owned by their spouse and children or who employ a management agent regardless of the number of units owned. Landlords who own fewer than ten (10) units or who manage the units themselves are not required to follow the inspection procedures but may find it helpful in establishing repair needs and responsibilities.

 

What do I need to do at the end of the tenancy?

Within three (3) business days after the termination of the lease or the surrender and acceptance of the premises, whichever occurs later, the landlord must inspect the unit and prepare a comprehensive list of damages. The landlord must sign the list and provide it to the tenant. The tenant is entitled to inspect the premises within five (5) business days after the termination of occupancy. The tenant must sign the move-out inspection list or specify in writing the items in dispute.

 

The move-out inspection discussed applies to landlords who collectively own more than ten (10) rental units including units owned by their spouse and children or who employ a management agent regardless of the number of units owned. Landlords who own fewer than ten (10) units or who manage the units themselves are not required to follow the inspection procedures but may find it helpful in establishing repair needs and responsibilities.

 

As a landlord what can I deduct from a tenant's security deposit?

All or part of the security deposit may be retained by the landlord to compensate for physical damage caused to the premises by the tenant or members of the tenant's household, pets or guests. A landlord cannot retain a security deposit to cover normal wear and tear. A landlord can also deduct from the security deposit unpaid rent, late charges, unpaid utilities which the tenant is responsible for under the terms of the lease or for actual damages caused by the tenant's breach of the lease or rental agreement.

 

I am a landlord who rents two homes. I do not employ a management agent. My tenants moved out, how do I return the security deposit?

The security deposit and any statement which accompanies it shall be sent to the last known address of the tenant. If it is returned as undeliverable and the landlord is unable to locate the tenant after a reasonable effort, the security deposit becomes the property of the landlord ninety (90) days after it was mailed.

 

What happens if the landlord refuses to refund the security deposit even though the tenant satisfied the conditions for refunding the security deposit?

If the landlord unlawfully refuses to refund the security deposit, the tenant may bring a claim for those monies in the magistrate court or state court where the landlord resides or otherwise has designated a person as his agent of service. A landlord who owns more than ten (10) units or uses a third party to manage the units can be liable for three times the amount of the improperly withheld security deposit plus attorney fees. The landlord may not have to pay treble damages if, the landlord shows that the withholding was not intentional and resulted from an error which occurred in spite of procedures reasonably designed to avoid such an error.

 

I own rental property. I have been notified that the county government has declared my property unfit for occupancy. What does this mean?

Georgia law gives county and city governments the authority to order repairs, close or demolish structures which are unfit for human habitation and dangerous or detrimental to health and safety. The county or city government may exercise this authority by establishing local ordinances. You should contact the county government for a copy of their housing code.

Georgia law recognizes the following conditions as threatening health and safety:

• Defects which increase the hazard of fire, accidents, or other calamities.
• Lack of adequate ventilation, light or sanitary facilities.
• Dilapidation, disrepair and structural defects.
• Uncleanliness.

 

When a county or city has enacted a housing code, it can also establish ordinances outlining how the code is enforced. Georgia law requires that the owner receive notice of the housing code violation and an opportunity for hearing. If violations are found, the owner can be ordered to repair, vacate, close or demolish the property. If the owner fails to comply with the order to remedy the code violations, the local government may "condemn" the property declaring it unfit for human habitation and prohibiting its use as a residence. A tenant living in condemned property would likely be justified in treating their lease as in default and moving from the premises. The tenant should keep proof of the property's condemnation and write to the landlord declaring the lease in default, prior to moving.

 

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When can a landlord begin legal proceedings to evict a tenant?

The bases for evicting a tenant are:

• Non-payment of rent,
• Failure to surrender the premises at the end of the lease term, or
• Breach of the lease, including any rules that are part of the lease, if the lease provides such breach entitles the landlord to terminate the lease.

 

What must a landlord do to evict a tenant?

Before contacting the court to initiate eviction proceedings, the landlord should read the lease and be familiar with its provisions and comply with its terms regarding notice and termination. Once the terms of the lease have been followed, Georgia law requires a landlord to go through court to remove a tenant.

 

First, before going to court, the landlord must demand that the tenant immediately give up possession and vacate. This demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord or the landlord's agent or attorney must go to the magistrate court and file a dispossessory affidavit under oath. The affidavit states:

• The name of the landlord,
• The name of the tenant,
• The grounds for the eviction,
• Verifies that the landlord has demanded possession of the property and has been refused, and
• The amount of rent or other money owed, if any.

 

The magistrate court will issue a summons to the sheriff where the property is located. There are three ways in which the summons can be served:

• Delivered personally to the tenant at home;
• If the tenant is not home, it will be delivered to an adult who resides at the home and understands the importance of the summons; or
• The summons will be tacked on the door of the home and on the same day sent by first class mail to the tenant's address. This type of service is appropriate only if no one is at home when the sheriff attempts personal service.

 

The summons requires the tenant to answer either orally or in writing within seven (7) days from the date that the summons is served. If the seventh day is a Saturday, Sunday, or a legal holiday, the answer is required the next day that is not a Saturday, Sunday, or a legal holiday. The summons should indicate the last day to file an answer and the court in which the answer should be filed.

 

If the tenant fails to respond at the end of the seventh day, as listed on the summons, the lawsuit is in default. The court can then grant the landlord a writ of possession and the sheriff can remove the tenant immediately.

If the tenant answers the summons, a trial of the issues will be held in accordance with the procedures of the appropriate court. The tenant is allowed to remain in possession of the premises. The landlord may request that the court order the tenant to pay rent into the registry of the court. If payment is ordered, non-payment of rent into the registry could result in the court issuing a writ of possession and the tenant becoming subject to eviction.

Once an answer has been filed, and a hearing has been held, the court will issue its decision. If the court rules for the landlord, the tenant will be ordered to move after ten days and may be ordered to pay the past due rent. After July 1, 1998, a tenant has only seven (7) days to move.

 

If the dispossessory warrant was served by tack and mail, and the tenant did not file an answer, the court may not award rent or other damages to the landlord. The court can still order the tenant to move.

 

Today I received a dispossessory affidavit because I failed to pay my rent the first of the month. I now have money to pay my rent. What can I do?

A tenant whose landlord has filed a dispossessory affidavit because of non-payment of rent may be able to avoid being evicted by paying all that the landlord alleges is due plus court costs. This amount should be stated on the dispossessory summons served on the tenant. The tenant must offer payment within seven (7) days of receiving the summons. The landlord is required to accept such payment from the tenant only once in a twelve month period.

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If a landlord refuses to accept an offer of tender, the tenant should file an answer to the dispossessory affidavit stating that tender was offered, but refused. After July 1, 1998, if a court finds that a landlord refused a proper tender, the court can order the landlord to accept payment of rent, late fees and court costs and require that the landlord allow the tenant to remain in possession, if the payment is made within three days of the court's order. If the court finds that the landlord refused a proper tender and orders the landlord to accept payment, that payment will not count as use of the tender defense which can only be used once every twelve months.

 

My tenants have not paid rent in several months. Can I turn off their utilities?

No. A landlord who wants to force tenants to move must go through court and follow the dispossessory process. A landlord who suspends a tenant's utility service prior to the final judgment in a dispossessory action has broken the law and may be subject to a fine up to $500.