***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)       I rent a room in a house. What are my rights?

2)       Is my landlord required to provide me with a smoke detector?

3)       Are landlords required to provide appliances such as refrigerators or stoves for use in their units?

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

5)       What information can a landlord request on an application? Can landlords charge an application fee?

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

7)       Is there a seventy-two (72) hour period after signing my lease during which I can change my mind and get out of the lease?

8)       My lease is not up for another six months. I am being transferred by my company. What can I do to terminate the lease? What penalties are involved?

9)       My apartment owner failed to make mortgage payments and the property has been foreclosed, what will happen?

10)    The apartment complex where I live changed owners last month. The new owners have notified all tenants that the old leases are cancelled and have given us new leases to sign within thirty (30) days or we must vacate the units. The new leases have higher rents and different rules. I had five more months on my old lease. Can the new owners do this?

11)    My roommate and I both signed a lease but she has moved out. Can I get out of the lease?

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

13)    What happens to the security deposit when an apartment complex changes owners?

14)    My rent check for $500 was returned by the bank for insufficient funds. My landlord wants to charge me a $25 fee and $300 to cover the fees he incurred because my check bounced. Is this right?

15)    I paid the rent on the 5th of the month. The manager charged me a $15.00 late fee. Is there a grace period under Georgia law? What is it?

16)    I paid the rent on the 5th of the month. The manager charged me a $15.00 late fee. Is there a grace period under Georgia law? What is it?

17)    The roof on my unit is leaking badly. I notified the landlord and it was fixed but it took about three weeks to have the repairs completed. During that time, I did not have use of the room where the leak occurred. Shouldn't the landlord reduce the rent to compensate me for the time I could not use that room? What if furniture or personal belongings were damaged?

18)    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?

19)    My landlord removed all my possessions and changed the locks on the apartment. He did not give me any warning or go through the courts to evict me. What recourse do I have?

20)    I have been served with a dispossessory warrant. It states that I can file an answer. What is an answer?

 

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I rent a room in a house. What are my rights?

Your legal rights depend on whether you are a tenant, guest or boarder. A tenant is one who pays rent for the exclusive right to use the premises, usually for a defined period. A boarder or guest is one who pays a fee for the right to use a room and receive services, generally for a short period of time.

• To determine if you are a tenant or boarder the court will look at:
• whether there is a written agreement and if it refers to itself as a lease and to payments as rent;
• the length of time you have lived at the residence;
• whether the room is the only residence you have;
• whether you are residing there temporarily;
• how often you pay rent; daily or monthly;
• whether services such as linen service, switchboard service and maid service are provided;
• whether you own the furnishings in the room;
• whether the amount you pay includes tax; and
• whether the person you pay has a business license.

If you are not a tenant but are a guest or boarder, you have limited protection under the law. If the hotel owner or boarding house owners wants a resident to move he need only give notice equal to the time for which the occupancy is paid. For example: if payment is made weekly, one weeks’ notice to vacate is all that would be required. However, if payment is past due no notice is required

Is my landlord required to provide me with a smoke detector?

Only if the county or city in which you live has a building or housing code that requires that every dwelling built after July 1, 1987 have a smoke detector. Not all counties and cities have building codes. To find out if your local code requires smoke detectors contact your fire marshal, local government or code enforcement.

 

Are landlords required to provide appliances such as refrigerators or stoves for use in their units?

There is no state law requiring landlords to furnish appliances such as refrigerators or stoves. You should check your lease to see if such appliances are part of your lease agreement. It is important to inspect the unit prior to signing a lease to see what appliances are included and to see if they function.

 

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.

 

What information can a landlord request on an application? Can landlords charge an application fee?

Yes, a landlord can charge an application fee. The following information can be requested on a rental application: name, social security number, current landlord's name; address and phone number, employer's name; address and telephone number, applicant's job title and annual income, employment information going five years back, relative references, identity of nearest relative, release for credit report and signatures of applicants.

 

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.

 

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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.

 

 

Is there a seventy-two (72) hour period after signing my lease during which I can change my mind and get out of the lease?

No, there is not a "cooling off" period allowed in Georgia landlord tenant law which would enable you to change your mind after signing a lease. If you decide not to move into the unit after signing the lease the landlord may impose early termination penalties against you. You should read your lease carefully and thoroughly inspect the unit before signing the lease.

 

My lease is not up for another six months. I am being transferred by my company. What can I do to terminate the lease? What penalties are involved?

The answer to this question will be found in your lease. First, read the lease carefully. Your ability to get out of the lease depends on the language of your lease and the willingness of the landlord to allow you to terminate the lease early. There may be a provision which allows for termination prior to the lease term's expiration. If so, you will need to follow the terms of that lease provision. For example, you may be required to give thirty (30) days notice and to forfeit your security deposit. Some leases impose additional penalties for early termination and require longer notice periods. You are responsible for paying rent during the notice period. Your lease is not terminated until the notice period expires.

 

If there is not an early termination provision in your lease, a tenant can be held responsible for all the rent remaining under the lease. The landlord is required to mitigate any damages by re-renting the premises. If the landlord does re-rent the property, any rent collected must be deducted from the original tenant's liability. For example, if a tenant terminates a twelve month lease after six months, the tenant can be held responsible for the six months rent remaining under the lease. If the landlord rents the unit to someone else after four months, the tenant is only responsible for the four months’ rent while the unit was vacant. However, if your lease had an early termination penalty provision, you would have to pay the designated penalty even if the unit was immediately re-rented or if it was vacant for six months.

 

Some landlords may release you from the lease if you find an acceptable person to assume the lease. Some landlords will allow you to rent to another, called subletting. The landlord may refuse to allow you to do this. If your landlord agrees to allow you to terminate early, be sure to get in writing any agreement as to penalties or future rent owed.

 

My apartment owner failed to make mortgage payments and the property has been foreclosed, what will happen?

A tenant who remains on rental property after the owner, who is his landlord, has been foreclosed upon becomes a tenant at sufferance. The lease between the tenant and the original owner/landlord is terminable by the purchaser. If the purchaser wants the tenants to vacate, he must first demand possession of the property and, if refused, file a dispossessory warrant. The purchaser can choose to become a landlord, either by offering a new lease or accepting payment under the prior agreement. A purchaser at foreclosure who accepts rent from existing tenants has entered into a tenancy-at-will which can be terminated with sixty (60) days notice and which the tenant can terminate with thirty (30) days notice.

 

A tenant residing in a foreclosed upon property should attempt to contact the new owner or the attorney handling the foreclosure to ascertain if their tenancy will continue. If a tenant does not receive assurances of continued tenancy from the foreclosure attorney or the purchaser, the tenant may argue that the lease was terminated by the foreclosure.

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The apartment complex where I live changed owners last month. The new owners have notified all tenants that the old leases are cancelled and have given us new leases to sign within thirty (30) days or we must vacate the units. The new leases have higher rents and different rules. I had five more months on my old lease. Can the new owners do this?

A person who buys rental property does so subject to any existing leases with current tenants. This means that the new owner has purchased your lease and must abide by your lease's terms. Any change or modification to the existing leases, which the new owner wishes to make, must be done in accordance with the terms of the existing leases. Unless the existing leases contain provisions allowing the owner to terminate or modify, they may not be changed prior to their expiration. If you want to remain a tenant under your lease, you should notify the new owner in writing that you expect him to honor your current lease.

 

The new owner's cancellation may constitute a breach of the lease. The tenants can challenge this cancellation in court. On the other hand, the tenant can consider the new leases an offer of new tenancy and agree to the terms and conditions of the new lease by signing it. If signed, the new lease will control the terms of the new landlord tenant relationship.

 

My roommate and I both signed a lease but she has moved out. Can I get out of the lease?

Generally, if you signed a lease with your roommate, the apartment complex can hold each of you liable for the rent. The apartment complex will expect to receive the full monthly rent and, since you are living in the unit, will hold you responsible for payment.

 

If both you and your roommate signed the lease, the apartment complex can seek full payment from either of you. However, the apartment complex can only collect the full amount from one of you. You may wish to contact the apartment manager and agree to pay a portion of the charges to be released from liability for the entire amount.

 

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 happens to the security deposit when an apartment complex changes owners?

The former owner is responsible for making appropriate arrangements for the security deposit. The security deposit may be transferred to the new owner, making the new owner responsible, or the prior owner may refund the security deposit to the tenant. If the former owner fails to take either of these actions, the tenant has a legal action against the prior owner. A tenant should write to the former owner and the current owner requesting information on the security deposit.

 

My rent check for $500 was returned by the bank for insufficient funds. My landlord wants to charge me a $25 fee and $300 to cover the fees he incurred because my check bounced. Is this right?

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Yes, Georgia law provides that any person, including landlords, who receive "bad checks" can demand, by certified mail, payment in cash within ten days from receipt. If your rent check was refused by the bank due to a lack of funds, your landlord can charge a returned check fee and charge you for damages. If you do not pay the charges, your landlord can sue you to recover the fee and damages. The service charge for the returned check may not exceed $25 or 5% of the amount of the check, whichever is greater. The landlord can recover up to double the amount of the check for damages he suffered, but no more than $500. Additionally, if the check was written with the knowledge that it would not be honored by the bank, the check writer could face criminal prosecution.

 

I paid the rent on the 5th of the month. The manager charged me a $15.00 late fee. Is there a grace period under Georgia law? What is it?

The date the rent is due should be stated in your lease or agreed upon by the landlord and tenant. There is no law which specifies any grace period or designates a rent due date. Rather, a grace period is a matter of agreement between the landlord and tenant. It allows the tenant extra time in which to pay the rent without breaching the lease or rental agreement. The landlord and tenant may agree to any grace period they choose or they can agree not to have a grace period. In addition, a grace period may be created based on the landlord's conduct of accepting late rent over the course of several months without charging a penalty.

 

If a tenant fails to pay the rent by the required date, including the time allowed for a grace period, the landlord may charge a late fee if the late fee is provided for in the lease. If the lease does not allow for a late fee, the landlord is not allowed to impose such a fee. The amount of the late fee will be the amount agreed upon by the landlord and tenant in the lease itself.

 

I spoke to my landlord over a month ago about repairing a leak in the kitchen, but it still has not been done. What can a tenant do to force a landlord to make repairs?

First, you must notify the landlord of the condition needing repair. It is best to give a written, dated notice informing the landlord of the problem and keep a copy for yourself. Written notice provides tangible evidence that the landlord was aware of the need for the repair. If it is not possible to give written notice, verbal notice is acceptable unless the lease requires written notice. Be sure the lease provision for notice is followed. If your landlord fails to make the requested repairs within a reasonable time after written notice, you may want to consider using "repair and deduct." In determining what is a reasonable time, consider the seriousness of the condition and the nature of the repair.

When the landlord fails to respond to repair requests, the tenant can arrange to have the required repairs done by a competent repair person at a reasonable cost. The tenant should keep copies of all repair receipts and ask the repair person for a statement detailing the work performed and the problem corrected. Keep copies of this information. You may deduct these repair costs from your future rent by sending copies of the repair receipts along with the remaining amount of rent due to your landlord.

 

It is a good idea to notify the landlord in writing that you plan to use the "repair and deduct" remedy before you arrange for the repairs to be done. Written notice is the best notice. There are additional remedies which are risky to pursue without legal counsel. If you do not feel that "repair and deduct" will address your issue, you should consider contacting an attorney for more detailed information.

 

You may also wish to contact the local county code inspector if you are in a city, town or county with a housing, building, or health and safety code. A landlord must comply with applicable local housing codes. If you are unaware whether or not your area has such codes, call the city hall or county courthouse and ask for the building inspector or the code enforcement office.

 

The roof on my unit is leaking badly. I notified the landlord and it was fixed but it took about three weeks to have the repairs completed. During that time, I did not have use of the room where the leak occurred. Shouldn't the landlord reduce the rent to compensate me for the time I could not use that room? What if furniture or personal belongings were damaged?

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Under certain circumstances a tenant may be entitled to a reduction of rent by the diminished value of the premises due to need for repairs. Such a claim is best brought with the advice and guidance of an attorney. Generally, a landlord will not be required to compensate a tenant for the temporary loss of a portion of the premises. This should not prevent the tenant from approaching the landlord about the loss and inconvenience experience. The tenant should try to negotiate compensation for the loss. While the law may not require the landlord to compensate you, the apartment complex is a business and you are its customer. A well run apartment complex would want to maintain good tenant relations and ensure that you will want to remain there when your current lease expires. It is usually more successful for a tenant to negotiate for a future rent credit, then to ask the landlord to pay cash out of pocket. Use common sense and reasonableness when approaching the landlord. For example, was the room involved the kitchen or the only bathroom, both of which are essential for health or safety reasons? Or, was it a spare bedroom or storage area that is not significantly used each day?

The landlord is responsible for making repairs within a reasonable time after being notified of the need for the repair. If the landlord undertook and completed roof repairs within a reasonable time after notice, the landlord has fulfilled his repair responsibilities and compensation to the tenant for the loss of the room is unlikely. However, if the landlord unreasonably delayed in undertaking the repairs and the tenant suffered a loss due to the delay, the tenant may have a claim against the landlord for damages to personal property caused by the delay in repair.

 

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.

 

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 landlord removed all my possessions and changed the locks on the apartment. He did not give me any warning or go through the courts to evict me. What recourse do I have?

Self help evictions, including changing the locks, are illegal under Georgia Landlord Tenant law. You may take action against the landlord for any damages you suffer due to his wrongful conduct. It is best that this type of action be pursued with the assistance of a legal representative. If you cannot obtain an attorney, you can file a claim in the magistrate court of the county where the landlord is located.

 

I have been served with a dispossessory warrant. It states that I can file an answer. What is an answer?

An answer is your response to your landlord's dispossessory warrant. It can be written or you can tell your response to the court clerk and have it written for you. The answer is your opportunity to state why you do not feel your landlord is legally entitled to have you evicted. If your landlord is seeking to evict you alleging that you violated your lease, your answer should state why you believe that you did not violate the lease. If an answer is filed, the court will schedule a hearing in which the tenant and landlord can each present their case. Anyone who knowingly and willingly makes a false statement in an answer could be found guilty of a misdemeanor.