How much can I charge for rent? The State of Georgia does not limit the amount of rent a landlord is permitted to charge. Therefore a landlord may charge whatever he feels desirable. Additionally, the state of Georgia has not introduced rent control or stabilization.
May I charge an application fee, late rent charge or a returned payment fee? Reasonable cost should always be kept in mind when initiating any charges, as there are no limits placed on the collection of an application fee or a late rent charge. However, In Georgia, returned payment fees are to be charged to the tenant as follows: $30 or 5 percent of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored. Ga. Code Ann. § 13-6-15
May I charge a daily late fee?
Although this is not prohibited, it tends to be a rare practice and generally not encouraged.
How much may I accept as a security deposit? There is no monetary limit stated in the Georgia Landlord Tenant regulations but a landlord should be reasonable. Landlords must place the security deposit into either an escrow account or post bond. Landlords must also provide tenants written account of the name, address, account number, as well as the manner in which the security deposit is being held.
My tenant has moved out. What do I do with their security deposit? After the lease terminates, landlords have 30 days to return the security deposit or give the tenant written notice of his or her reasons for retention. The landlord must then return the balance along with the reasons for retention of the deposit to the tenant's last known address.
What is a common problem where security deposits are concerned? Landlord must follow proper procedures for the collection and return of the security deposit. If these procedures are not followed, landlord may be subject to paying damages to the tenant in an amount equal to three times the security deposit, plus attorney's fees.
How can I terminate a Georgia lease? For a Written Lease: There is no minimum or maximum time restriction for notice to end or renew a lease, except that terms of notice shall be clearly specified in the lease.
No written lease: A landlord must give a tenant 60 days notice to end the lease and a tenant may give the landlord 30 days notice.
Are there circumstances where I am required to release a tenant from a lease? A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable.
My tenant was supposed to be out of the apartment and he is still there. What can I do? When a tenant remains in possession without the landlord's consent after expiration of the rental agreement or its termination, the landlord may bring an action for possession. In order to begin the process, the landlord must file a dispossessory notice and then follow the court rules for eviction.
My tenant wants to pay only part of the rent he owes? I have already started eviction proceedings; should I accept the partial payment? Accepting payment whether full or partial, may waive the landlord’s right to proceed and evict the tenant.
What do I do to initiate eviction? The basis for evicting a tenant are:
- The non-payment of rent.
- Failure to surrender the premises at the end of the lease term.
- Breach of the lease, including any rules that are part of the lease, entitling the landlord to terminate the lease.
Prior to going to court, the landlord must give prior written notice to the tenant stating that they must immediately give up possession and vacate. 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.
How long does the eviction process take? As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes from about 30 - 45 days.
Can I charge attorney fees and court costs? In the State of Georgia, attorney fees may be recovered by the prevailing party if specified within the lease agreement. Court costs however, are usually awarded by the judge to the prevailing party
Do I have the right to enforce a no smoking policy in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the Lease.
Do I have to give the tenant notice before I enter the rental property? The landlord shall give the tenant at least 24 hours notice of intent to enter the premises, except in case of emergency or if it's impracticable to do so.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Each issue has unique circumstances that may be too complicated to put a simple answer to. The answers in this Q & A are only guidelines. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.