Georgia Tenant Empowerment Project

⚠️Be sure to review the current leasing period term and conditions relating to maintenance and repairs.

❌️ Do not withhold rent.

If repairs are not rendered in a "reasonable time," each Tenant has the right to request a rent abatement for the repair neglect and/or file a legal claim for breach of contract in magistrate court.

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Georgia is considered a highly landlord-friendly state due to fast eviction processes, lack of rent control, no, or minimal, restrictions on security deposit amounts, and a, generally, informal regulatory environment.

Landlords can initiate eviction quickly after rent is missed and are not restricted by strict, local, or statewide regulations on rental rate increases.

Essential Tenant Actions in Georgia:
👉🏾Document Everything (Pre-Move-In): Before moving in, inspect the property, take photos, and have the landlord sign a document listing any pre-existing damages to avoid wrongful deductions from your security deposit.
👉🏾Use Written Communication: Send all maintenance requests, complaints, or notices to vacate via email or certified mail to create a paper trail.
👉🏾Pay Rent on Time: Georgia law makes it easy for landlords to begin eviction proceedings immediately upon late rent payment.
👉🏾Understand Repairs: Georgia law requires landlords to maintain the property, but you must formally notify them in writing regarding repairs before taking any legal action.
👉🏾Do Not Withhold Rent: You generally cannot withhold rent for repairs. Doing so is grounds for eviction.
👉🏾Know Eviction Rules: If facing eviction, you have seven days to file an answer to the court. If the case takes longer than two weeks, you must pay any past due rent and future rent into the court registry.
👉🏾Review the Lease Thoroughly: Since Georgia law allows flexible, landlord-friendly terms, ensure you understand all clauses regarding entry, guests, and penalties.

For disputes, tenants can seek assistance from https://www.georgialegalaid.org/

Georgia Law Overrides Lease Language

Under Georgia law (O.C.G.A. § 44-7-50), an eviction, also known as a dispossessory proceeding, must go through the courts.

• The landlord (or property manager acting on the landlord’s behalf) must first make a formal demand for possession.

• If the tenant doesn’t pay or vacate, the landlord must file a dispossessory affidavit in court.

• Only after the court issues a writ of possession can law enforcement remove the tenant.

So, even if the lease includes a clause giving the landlord or property manager “the right to evict,” that clause cannot override state eviction law.

✅ What the Lease Can Do

The lease can:
⩥ Define what counts as a default (e.g., rent unpaid after 5 days)
⩥ Allow the landlord to start eviction proceedings once default occurs
⩥ State that the tenant will pay court costs and attorney’s fees if eviction is necessary. But the actual removal must still go through court.

🚫 “Self-Help” Evictions Are Illegal

No one, not even a property management company, can:
∗ Change the locks
∗ Shut off utilities
∗ Remove the tenant’s belongings
∗ Enter and take possession without a writ of possession signed by a judge

Doing so would be considered an illegal or wrongful eviction.

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