A landlord in Georgia cannot discriminate against tenants based on protected characteristics, enter a tenant’s rental unit without notice, or withhold tenant security deposits without a valid reason.
A landlord can’t also discriminate against tenants based on their race, religion, gender, sexual orientation, or other protected characteristics.
Let’s explore some of the things that landlords cannot do in Georgia so that you can rent out your property with confidence and in compliance with the law.
Tenant Screening Restrictions
Fair Housing Act
The fair housing act protects tenants from discrimination when renting, purchasing, or financing a home.
According to the act, landlords cannot deny tenancy based on an individual’s race, colour, national origin, religion, sex, familial status, or disability.
Georgia Fair Business Practices Act
In Georgia, landlords are required to comply with the Georgia fair business practices act, which also prohibits them from discriminating against tenants based on the above-mentioned factors.
Factors That Can’T Be Considered
Landlords cannot deny tenancy based on certain factors that do not directly relate to a tenant’s ability to pay rent or maintain the property. These factors include:
- Age
- Sexual orientation
- Gender identity
- Marital status
- Occupation
Criminal And Eviction History
While landlords have the right to conduct background checks on tenants, they cannot deny tenancy based solely on a tenant’s criminal or eviction history.
In Georgia, landlords must consider each case on an individual basis and cannot have blanket policies regarding criminal or eviction history.
Income And Employment
Landlords can require tenants to meet certain income requirements, but they cannot deny tenancy based solely on a tenant’s source of income, such as government aid or child support.
Additionally, landlords cannot deny tenancy based on a tenant’s unemployment status unless they can prove that the tenant does not have the means to pay rent.
Security Deposit Regulations
Security Deposit Limit
As per Georgia law, landlords can request a maximum of two months’ rent as a security deposit from a tenant.
If a tenant has a pet, the landlord may charge an additional deposit but only up to a maximum of one month’s rent.
- Landlords are not permitted to charge more than the legal limit as a security deposit.
Non-Refundable Fees
Georgia law allows landlords to request non-refundable fees, such as pet fees, application fees, and late payment fees, but they cannot be labelled as a “security deposit. “
- The purpose of a non-refundable fee must be clearly outlined and agreed upon in the lease agreement.
- Non-refundable fees cannot exceed 5% of the monthly rent.
Move-Out Inspection
Within three days of the lease termination, landlords are required to conduct a move-out inspection. The purpose of this inspection is to assess any damage or necessary repairs.
- Tenants should be present during this inspection, but if they are not, the landlord must provide a written list of damages within five days of the inspection.
- Any repairs or cleaning expenses must be documented and deducted from the security deposit.
Return Of Security Deposit
Landlords are required to return the tenant’s security deposit within one month after the lease ends.
- If there are no damages or cleaning expenses, the entire deposit must be returned.
- If there are expenses, an itemized list must be provided outlining the expenses and the remaining balance of the deposit.
- Failure to adhere to the one-month timeline or failing to provide a written explanation of expenses may result in a penalty equal to the amount of the deposit.
Frequently Asked Questions On What Can A Landlord Not Do In Georgia
What Are A Landlord’S Responsibilities In Georgia?
A landlord in Georgia is responsible for maintaining a safe and habitable living environment for tenants, including keeping the property in good repair and addressing any issues that may arise during a tenant’s tenancy.
Can A Landlord In Georgia Evict A Tenant Without A Court Order?
In Georgia, a landlord cannot evict a tenant without a court order. The eviction process can be complicated, but landlords must follow strict procedures and obtain a court order before removing a tenant from their property.
What Are Some Illegal Practices For Georgia Landlords?
Georgia landlords cannot discriminate against tenants based on race, religion, nationality, gender, sexual orientation, or disability status. They also cannot retaliate against tenants for reporting code violations or other issues.
Can A Landlord Withhold A Security Deposit In Georgia?
A landlord in Georgia can withhold a tenant’s security deposit for any damage to the property, unpaid rent or utilities, or any other agreed-upon fees. However, they must provide an itemized list of deductions and return the remaining deposit to the tenant within 30 days of the termination of the lease.
Conclusion
Navigating Georgia’s rental landscape requires a keen understanding of your rights.
Remember, a landlord cannot violate your privacy, unfairly withhold your security deposit, or illegally evict you.
Always stand up for your protection, because you deserve a safe, peaceful home.
Reference
https://consumer.georgia.gov/consumer-topics/landlord-tenant-issues-and-handbook
