Georgia Tenant Information

Georgia Tenant Information – Renters Rights

 

When Is Rent Due?

The date the rent is due should be stated in your lease or agreed upon by the landlord and tenant. The rent must be delivered to the landlord on the date it is due. 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 by the landlord’s conduct of accepting late rent over the course of several months without charging a penalty.

 

Tenants Defending an Eviction Forms

Download How to answer an eviction forms in each state.

Tenant Defence Forms

 

 

Can a Landlord Charge Different Rents for the Same Type of Unit?

A landlord can charge different rates for identical apartment units if both the landlord and the tenant agree to the rental rate. However, the landlord cannot base the difference in rent on the tenant’s race, color, religion, sex, national origin, disability or family status. Also, a landlord may not advertise rates at a certain rent level only to rent them at a higher rate.

 

The Landlord Will Not Accept Only Half of the Rent. Why Not?

Under most rental agreements and leases, the tenant agrees to pay a specified amount of rent on a certain date. Failure of the tenant to comply with such provisions amounts to a breach of the lease. Consequently, the landlord is not required to accept a portion of the rent unless the landlord has established a pattern and practice of doing so. If the landlord has accepted partial payments in the past, he can not refuse partial payments without first giving notice that he will only accept full payment. If the landlord does accept the rent in the reduced amount due to needed repairs, the tenant should get a memo from the landlord showing the rent for the month is considered “paid in full”.

 

 

Can My Landlord Charge a Late Fee?

If a tenant fails to pay the rent by the required date, the landlord may charge a late fee if the lease states that a late fee will be charged. If the lease does not state that a late fee will be charged, the landlord may not charge a late fee. The amount of the late fee should be stated in the lease.

My Landlord Gave Me Notice That His Records Show That I Did Not Pay Rent for July; it Is Now October. I Paid Rent for August, September and October and My Landlord Never Mentioned That I Owed Him Back Rent. Can My Landlord Evict Me Now Because He Claims I Didn’t Pay July Rent?

If you can find proof that you paid July’s rent (a canceled check or money order receipt), you should provide copies to your landlord, along with a letter explaining your position. If your landlord remains convinced that you did not pay July’s rent, he may be able to sue you to collect the money but cannot seek to evict you because of nonpayment. Your landlord’s acceptance of rent in August, September and October prevents your landlord from seeking to evict you for a failure to pay July rent. Your landlord can sue you in magistrate court to collect the amount of July’s rent but he cannot sue to make you move through the dispossessory process.

 

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?

Yes, Georgia law (O.C.G.A. 13-6-15) provides that any person, including landlords, who receive “bad checks” can demand payment in cash within ten days. 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 $30 or 5% of the amount of the check, whichever is greater. You will also have to pay the amount of any fees the landlord was charged by his bank due to the check being dishonored. If the landlord files a lawsuit, he can recover up to double the amount of the check for damages he suffered, but nomore than $500 plus any court costs. 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.

 

 

How often can a private landlord raise the rent in a year? Is there a limit on how much rent can be raised each time an increase is made? What protection do renters have against rent increases?

The answers to these questions will be found in your lease. If there is a lease, rent can only be increased as allowed under the terms of the lease. The lease determines whether or not and how often the landlord can raise the rent. Georgia law does not limit the amount by which the rent can be increased. If the tenant does not have a lease, the landlord must give sixty (60) day notice before any rent increase. Such increases may occur as frequently as the landlord desires as long as the sixty (60) day notice is given. The best protection against rent increases is a long term lease that prohibits or restricts rent increases during its term. When a lease expires, the landlord can offer a new lease at an increased rent without prior notice.

 

INFORMATION FOR TENANTS

INTRODUCTION

Many people who rent a place to live do not have a basic knowledge of the duties and rights involved. If there is a written lease, it will describe some of the duties of the tenant. A written lease will also explain some of the duties of the landlord. Even if there is not a written lease, tenants and landlords have the legal duties described below.

 

SOME DUTIES OF TENANTS

1. Pay rent on time.

2. Keep the house or apartment clean. Dispose of garbage, rubbish, etc.

3. Do not destroy or damage the house or apartment. Exercise ordinary care. Be careful and prevent damage.

4. Do not take in additional people or sublease the property without the permission of the landlord.

5. Do not make unreasonable use of plumbing and electrical fixtures.

6. Give thirty (30) days’ notice before moving if there is not a written lease that has a specific ending date.

7. Respect any neighbor’s right to a quiet and peaceful environment.

8. When you vacate the premises, turn over all keys to the landlord. If you do not turn in the keys, you will continue to owe rent because you have not “delivered possession” to the landlord.

 

SOME DUTIES OF LANDLORDS

1. Landlords cannot turn off the water, electricity, or gas. Landlords cannot otherwise force the tenant to leave without a court order. The court can fine a landlord for taking such actions.

Landlords cannot lock the tenant out. Landlords cannot prevent the tenant from entering or leaving the house or apartment without a court order.

Landlords cannot raise the rent during the term of a written lease that has a specific ending date. If there is no specific ending date in the lease, the landlord cannot raise the rent without giving sixty (60) days’ advance notice. The landlord also cannot end the tenancy without giving sixty (60) days’ advance notice to the tenant if there is no lease.

The landlord must keep the property in good repair. The landlord must make repairs after the tenant requests the repairs. If a tenant damages the house or apartment, the landlord may charge the tenant for the repairs. However, the landlord may not charge the tenant for normal wear and tear. The landlord may not charge the tenant for repairs due to damage that was not caused by the tenant, household members, or guests.

 

 

EVICTION

If a tenant has not paid the rent on time, the landlord may take legal action. The landlord may also take legal action if the tenant has violated the terms of a written lease. The landlord may try to sue for the rent, to take possession of the property or both. The landlord may also sue for any damages the tenant has caused to the property beyond normal wear and tear.

“Eviction” is the landlord’s method for getting possession of the property. Before evicting a tenant, the landlord must file a suit for eviction in the local court. The tenant will receive notice of this suit. The sheriff or another law enforcement official will serve the tenant with a copy of the suit if the tenant is at home. If the tenant is not at home, the notice of the suit will be tacked to the tenant’s door and mailed to the tenant.

If you receive notice of an eviction proceeding, you should contact a lawyer immediately. You will have only 7 days to file a response to the suit (an “answer”) with the court. Your answer should address each of the landlord’s claims. You may also raise any counterclaims (such as the landlord’s failure to repair the property) you have against the landlord at the time that you respond.

If you or your lawyer do not file an answer, you may be evicted against your will. The sheriff or another law enforcement officer will force you to move from the property on the 8th day after you received the “eviction.” You will also have to remove all of your possessions.

If you or your lawyer do file an answer, a hearing will be held. The court will determine whether there are legal grounds to evict you. You may stay in the house or apartment until the court reaches a decision is reached. However, you will owe rent up to the date you leave the premises.

If the court agrees with the landlord, the court will order you to move within seven (7) days from the date of the decision. If either side disagrees with the court’s decision, they have seven (7) days to file an appeal. If the tenant appeals, the tenant must pay the rent into the court in order to stay in the house or apartment.

If the court decides for the landlord, the only way that you could stay is if the landlord agrees. Any such agreement needs to be in writing. Both the landlord and the tenant must sign the written agreement. If the sheriff or another law enforcement official comes to evict you, you can show the official the signed agreement.

If the court decides that you owe the landlord money, the landlord may try to get the money in one of three ways. First, the landlord may “garnish” your wages (meaning that all or part of your paycheck would be paid to the landlord and not to you). Second, the landlord may “attach” your bank accounts (meaning that money would be taken from your accounts and paid to the landlord). Third, the landlord may get an order to sell your possessions to pay the landlord his or her money.

Certain types of property are exempt from being garnished or attached. For example, Social Security benefits, SSI benefits and most military pensions may not be garnished. If all of the money in your bank accounts comes from property that cannot be garnished (such as Social Security or SSI benefits), then your bank accounts may not be attached. In addition, to protect some of your possessions, you may file a homestead exemption petition with the Probate Court.

 

HELPFUL HINTS

Following are some helpful hints for protecting your rights as a tenant.

1. Keep receipts of rent payments, especially cash payments. Keep copies of other written documents such as leases, records of damages, and letters or notices between you and your landlord.

2. Inspect the place you are renting with the landlord at the beginning and the end of your lease. Make written notes about the condition of the property on the lease that you and the landlord sign.

3. At the end of your tenancy, your landlord may keep your security deposit only in two cases. First, the landlord may keep your security deposit if you move out owing rent. Second, the landlord may keep your security deposit if the house or apartment needs to be repaired or cleaned after you move out. Your landlord may not charge you for normal wear and tear. The landlord may not keep more of your deposit than you owe.

The landlord must do certain things to keep your deposit legally. You should check with a lawyer or a legal services program if you think that your landlord has kept some of your deposit unfairly.

1. If something in your house or apartment needs to be fixed, send a letter to your landlord about the repairs you need. You should keep a copy of the letter.

If your landlord does not make the repairs you need, you have three choices. First, you may sue him or her. Second, you may pay someone else to make the repairs. Third, you may make the repairs yourself. Before hiring someone to do the repairs, you must give the landlord written notice that you are having the repairs done yourself.

You should get three (3) cost estimates to be sure that you pay a reasonable amount. If you or someone else makes any repairs, you may give the receipt for the repairs to the landlord and deduct the amount that you spent from your next rent payment(s).

If you choose to have repairs made on your own and deduct the cost from your rent, your landlord may file an eviction. You should respond to the eviction within the allowed seven (7) days and explain why you deducted the cost of the repairs from your rent. The judge will decide whether you may remain in the property.

If the repairs are not made yet, you must use ordinary care to take care of your own safety and the safety of your guests.

Under the law, a tenant CANNOT withhold rent from a landlord to try to force the landlord to make repairs.

 

YOU SHOULD CONTACT A LAWYER OR A LEGAL SERVICES PROGRAM FOR ADVICE WHEN A LANDLORD FAILS OR REFUSES TO MAKE NEEDED REPAIRS.

REMEMBER: YOU MUST NOTIFY THE LANDLORD OF THE PROBLEM FIRST.

http://www.georgialegalaid.org/court-info

 

GA Legal Aid has great information:

Tenants Rights
Atlanta Legal Aid Society, Inc.

As a tenant, you have rights. But you also have responsibilities. For your own protection, there are some things you need to do before you even sign the lease. There are also things you need to know should your landlord try to evict you.

Are You a Tenant?

If you rent a room in a hotel or rooming house, you may legally be a “guest” and not a “tenant”. If you are legally a “guest”, your landlord does not have to go through any legal procedures to evict you. If you are late with the rent, the
landlord can change the locks with no notice to you.

And if you do not pay the rent you owe, the landlord may sell your belongings to pay your bill. If you have questions about whether you are a tenant or a guest, talk to an Atlanta Legal Aid Society lawyer before you are in danger of being
locked out.

Before You Move In

First, carefully inspect the entire house or apartment to make sure it is in good condition. Next, make a list of damages or things that are wrong with the property.

Have the landlord sign the list and keep a signed copy for your records. If possible, do not sign the lease or move in until the landlord completes all
the necessary repairs.

Your first cost will probably be application fee. Ask if this fee will be returned to you should your application be denied. You also need to know if the application fee can be applied towards your rent if you decide to rent the house/apartment.

A tenant’s rights and responsibilities are spelled out in the lease. This document states all the important information about your tenancy. The lease tells the length of your tenancy, renewal conditions, repair procedures, rent due date, etc.
Read your lease carefully before you sign it. Be sure to get a copy of the signed lease.

In most cases, you will have to pay a security deposit. This covers damages that you, your family or your guests may cause. Under certain conditions, you are entitled to have your security deposit placed in an escrow account (a special bank account). If so, the landlord must tell you the account number and where the account is kept.

While Renting

Your landlord is responsible for repairs to keep the property in good condition. Georgia law says that a landlord cannot make a tenant make or pay for repairs, unless that tenant, his/her family or guests caused the damage.

For serious repair problems, local housing code departments can inspect for possible violations. Always make repair requests in writing and always keep a copy of any repair request you make. If your landlord does not make the requested repairs within a reasonable amount of time there are some things you can do.

First, you may sue for damages. Another solution is to do the repairs yourself – or have someone else do them. You can then subtract the cost of the repairs from the next month’s rent. However, you may not recover the money you spend if your landlord takes you to court. Please consult an attorney before you “repair and deduct”.

If you do not have a written lease, your landlord cannot raise your rent or ask you to leave without giving you 60 days’ notice. If you have a written lease, your rent cannot be raised during the term of the lease unless the lease says otherwise.

Communicating With Your Landlord

When you tell your landlord about repair problems or give notice that you are moving out, do so in writing. Put your name, address, and the date on the letter. Keep a copy for yourself. You do not need any special forms; however, Atlanta Legal Aid does provide a repair request form for tenants.

Moving Out

When you decide to move out, give your landlord 30 days’ notice unless your lease requires differently. The landlord must return the full amount of your security deposit within 30 days after you move out as long as the property was not damaged and you do not have a balance due on your rent.

If your landlord is withholding all or part of your deposit, he/she must give you a reason. If you are dissatisfied with the reason(s), you may want to talk with a lawyer about what legal claims you may have.

Evictions

Your landlord can legally evict you if you have not paid your rent, you have violated your lease, or if you have not moved out at the end of your lease. However, a landlord must sue you in court. A lawsuit to evict a tenant is called a dispossessory warrant. Always call a lawyer if you receive a lawsuit.

Metro Atlanta Housing Code Enforcement Offices 

Atlanta 404-330-6190
Decatur 404-377-9911
Lawrenceville 770-963-2414
Clayton County 770-477-3569
DeKalb County 404-371-2776
Gwinnett County 70-822-7550
College Park 404-669-3762
East Point 404-765-1030
Marietta 770-429-4253
Cobb County 770-528-2180
Fulton County 404-730-4848

Contact Us

DeKalb County
246 Sycamore Street
Suite 120
Decatur, GA 30030
(404) 377-0701

Clayton County Pro Bono Project
1000 Main Street
Forest Park, GA 30050
(404) 366-0586

Cobb County
30 S. Park Square
Marietta, GA 30090
(770) 528-2565

Fulton County
151 Spring Street, N.W.
Atlanta, GA 30303
(404) 524-5811

South Fulton & Clayton Counties
1514 East Cleveland Avenue
Suite 100
East Point, GA 30344
(404) 669-0233
(Wagon Works Building)

Gwinnett County
180 Camden Hill Road
Suite A
Lawrenceville, GA 30045
678)376-4545

 

 

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