Renting Out Your Property in Georgia: A Landlord's Guide

Familiarize yourself with Georgia's landlord-tenant laws, particularly the Georgia Landlord and Tenant Act (O.C.G.A. § 44-7-1 through 44-7-81). Understanding these laws is crucial as they govern the rights and responsibilities of both landlords and tenants in Georgia. Pay special attention to rules regarding security deposits, eviction procedures, and maintenance responsibilities.

Check with your local city or county government to determine if you need a business license to operate a rental property. Requirements vary by municipality in Georgia. In many Georgia cities like Atlanta, Savannah, and Augusta, landlords must obtain a business license before renting property. Contact your local government office or check their website for specific requirements and fees.

Create a comprehensive lease agreement that complies with Georgia law. Include terms regarding rent amount, due date, late fees (Georgia has no statutory limit on late fees, but they must be reasonable), lease duration, maintenance responsibilities, and grounds for termination. Georgia law requires specific language regarding security deposits and the tenant's rights to a move-in inspection.

Develop an application form to screen potential tenants. Under Georgia law, you can collect application fees and run credit and background checks. Ensure your screening criteria comply with Fair Housing laws, which prohibit discrimination based on race, color, national origin, religion, sex, familial status, or disability. Be consistent in your screening process for all applicants.

Georgia law (O.C.G.A. § 44-7-33) requires landlords to provide tenants with a list of existing damages before collecting a security deposit. Create a detailed checklist documenting the condition of the property at move-in and move-out. This document helps prevent disputes over security deposit deductions. Both parties should sign and date the form after each inspection.

Federal law requires landlords of properties built before 1978 to disclose known information about lead-based paint and lead-based paint hazards before leases take effect. Provide tenants with an EPA-approved pamphlet on identifying and managing lead-based paint risks. Even if your property was built after 1978, documenting this fact can be helpful.

Georgia law (O.C.G.A. § 44-7-31) requires landlords who collect security deposits for properties with more than 10 units to place deposits in an escrow account in a state or federally regulated depository. While not required for smaller properties, maintaining a separate account for all security deposits is a best practice to avoid commingling funds.

Prepare a receipt for security deposits that includes the amount received, the date, and information about where the deposit is being held. Georgia law requires landlords to inform tenants of the location where their security deposit is being held. The receipt should also explain the conditions under which deductions may be made from the security deposit.

Create a document outlining house rules that are not included in the lease but that tenants must follow. This may include quiet hours, guest policies, parking rules, trash disposal instructions, and maintenance of common areas. Ensure these rules are reasonable and do not contradict any terms in the lease or violate Georgia landlord-tenant laws.

Georgia law does not specify how much notice landlords must give before entering a rental property, but 24 hours is generally considered reasonable. Create a form to notify tenants when you need to enter the property for inspections, repairs, or showings. Having a standardized form helps document that proper notice was given.

If you'll be collecting sales tax on short-term rentals (less than 30 days) or if required by your local jurisdiction, register with the Georgia Department of Revenue. Some counties and cities in Georgia also have hotel/motel taxes that apply to short-term rentals.

Obtain appropriate insurance coverage for your rental property. Standard homeowner's insurance typically doesn't cover rental activities. Look for a landlord or rental dwelling policy that covers the building, liability protection, and potentially lost rental income. Consider requiring tenants to obtain renter's insurance as part of your lease terms.

Beyond state laws, many Georgia municipalities have their own ordinances affecting rental properties, such as occupancy limits, noise restrictions, property maintenance standards, and in some areas, rent control measures. Check with your local government to ensure compliance with all local regulations.

Ensure you're properly accounting for property taxes. In Georgia, property taxes are typically due by December 20th, though dates vary by county. If you previously claimed the property as your primary residence, notify your county tax assessor's office that it is now a rental to ensure proper tax assessment.

Georgia landlords are required to keep rental properties in good repair and comply with building and housing codes. Develop relationships with reliable contractors for various maintenance needs. Create a system for tenants to report maintenance issues and document your response to these requests.