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State of Georgia Landlord Tenant Law
Official Code 44-7
The Statutes posted are current through the 2001 Regular Session of
the General Assembly. However, the Statutes posted from the 2001 Regular
Session may not yet be in effect. Users of this service should note that
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44-7-30 G
*** CODE SECTION *** 12/03/01
44-7-30.
As used in this article, the term:
(1) "Residential rental agreement" means a contract,
lease, or
license agreement for the rental or use of real
property as a
dwelling place.
(2) "Security deposit" means money or any other form
of security
given after July 1, 1976, by a tenant to a landlord
which shall be
held by the landlord on behalf of a tenant by virtue
of a
residential rental agreement and shall include,
but not be limited
to, damage deposits, advance rent deposits, and
pet deposits. The
term "security deposit" does not include earnest
money or pet fees
which are not to be returned to the tenant under
the terms of the
residential rental agreement.
44-7-31 G
*** CODE SECTION *** 12/03/01
44-7-31.
Except as provided in Code Section 44-7-32, whenever a security
deposit is held by a landlord or his agent on behalf of a tenant,
such security deposit shall be deposited in an escrow account
established only for that purpose in any bank or lending institution
subject to regulation by this state or any agency of the United
States government. The security deposit shall be held in trust
for
the tenant by the landlord or his agent except as provided in
Code
Section 44-7-34. Tenants shall be informed in writing of the
location and account number of the escrow account required by
this
Code section.
44-7-32 G
*** CODE SECTION *** 12/03/01
44-7-32.
(a) As an alternative to the requirement that security deposits
be
placed in escrow as provided in Code Section 44-7-31, the landlord
may post and maintain an effective surety bond with the clerk
of the
superior court in the county in which the dwelling unit is located.
The amount of the bond shall be the total amount of the security
deposits which the landlord holds on behalf of the tenants or
$50,000.00, whichever is less. The bond shall be executed by
the
landlord as principal and a surety company authorized and licensed
to do business in this state as surety. The bond shall be
conditioned upon the faithful compliance of the landlord with
Code
Section 44-7-34 and the return of the security deposits in the
event
of the bankruptcy of the landlord or foreclosure of the premises
and
shall run to the benefit of any tenant injured by the landlord's
violation of Code Section 44-7-34.
(b) The surety may withdraw from the bond by giving 30 days'
written
notice by registered or certified mail or statutory overnight
delivery to the clerk of the superior court in the county in
which
the principal's dwelling unit is located, provided that such
withdrawal shall not release the surety from any liability existing
under the bond at the time of the effective date of the withdrawal.
(c) The clerk of the superior court shall receive a fee of $5.00
for
filing and recording the surety bond and shall also receive
a fee of
$5.00 for canceling the surety bond. The clerk of the superior
court
shall not be held personally liable should the surety bond prove
to
be invalid.
44-7-33 G
*** CODE SECTION *** 12/03/01
44-7-33.
(a) Prior to tendering a security deposit, the tenant shall be
presented with a comprehensive list of any existing damage to
the
premises, which list shall be for the tenant's permanent retention.
The tenant shall have the right to inspect the premises to ascertain
the accuracy of the list prior to taking occupancy. The landlord
and
the tenant shall sign the list and this shall be conclusive
evidence
of the accuracy of the list but shall not be conclusive as to
latent
defects. If the tenant refuses to sign the list, the tenant
shall
state specifically in writing the items on the list to which
he
dissents and shall sign such statement of dissent.
(b) Within three business days after the date of the termination
of
occupancy, the landlord or his agent shall inspect the premises
and
compile a comprehensive list of any damage done to the premises
which is the basis for any charge against the security deposit
and
the estimated dollar value of such damage. The tenant shall
have the
right to inspect the premises within five business days after
the
termination of the occupancy in order to ascertain the accuracy
of
the list. The landlord and the tenant shall sign the list, and
this
shall be conclusive evidence of the accuracy of the list. If
the
tenant refuses to sign the list, he shall state specifically
in
writing the items on the list to which he dissents and shall
sign
such statement of dissent. If the tenant terminates occupancy
without notifying the landlord, the landlord may make a final
inspection within a reasonable time after discovering the
termination of occupancy.
(c) A tenant who disputes the accuracy of the final damage list
given pursuant to subsection (b) of this Code section may bring
an
action in any court of competent jurisdiction in this state
to
recover the portion of the security deposit which the tenant
believes to be wrongfully withheld for damages to the premises.
The
tenant's claims shall be limited to those items to which the
tenant
specifically dissented in accordance with this Code section.
If the
tenant fails to sign a list or to dissent specifically in accordance
with this Code section, the tenant shall not be entitled to
recover
the security deposit or any other damages under Code Section
44-7-35, provided that the lists required under this Code section
contain written notice of the tenant's duty to sign or to dissent
to
the list.
44-7-34 G
*** CODE SECTION *** 12/03/01
44-7-34.
(a) Except as otherwise provided in this article, within one
month
after the termination of the residential lease or the surrender
and
acceptance of the premises, whichever occurs last, a landlord
shall
return to the tenant the full security deposit which was deposited
with the landlord by the tenant. No security deposit shall be
retained to cover ordinary wear and tear which occurred as a
result
of the use of the premises for the purposes for which the premises
were intended, provided that there was no negligence, carelessness,
accident, or abuse of the premises by the tenant or members
of his
household or their invitees or guests. In the event that actual
cause exists for retaining any portion of the security deposit,
the
landlord shall provide the tenant with a written statement listing
the exact reasons for the retention thereof. If the reason for
retention is based on damages to the premises, such damages
shall be
listed as provided in Code Section 44-7-33. When the statement
is
delivered, it shall be accompanied by a payment of the difference
between any sum deposited and the amount retained. The landlord
shall be deemed to have complied with this Code section by mailing
the statement and any payment required to the last known address
of
the tenant via first class mail. If the letter containing the
payment is returned to the landlord undelivered and if the landlord
is unable to locate the tenant after reasonable effort, the
payment
shall become the property of the landlord 90 days after the
date the
payment was mailed. Nothing in this Code section shall preclude
the
landlord from retaining the security deposit for nonpayment
of rent
or of fees for late payment, for abandonment of the premises,
for
nonpayment of utility charges, for repair work or cleaning
contracted for by the tenant with third parties, for unpaid
pet
fees, or for actual damages caused by the tenant's breach, provided
the landlord attempts to mitigate the actual damages.
(b) In any court action in which there is a determination that
neither the landlord nor the tenant is entitled to all or a
portion
of a security deposit under this article, the judge or the jury,
as
the case may be, shall determine what would be an equitable
disposition of the security deposit; and the judge shall order
the
security deposit paid in accordance with such disposition.
44-7-35 G
*** CODE SECTION *** 12/03/01
44-7-35.
(a) A landlord shall not be entitled to retain any portion of
a
security deposit if the security deposit was not deposited in
an
escrow account in accordance with Code Section 44-7-31 or a
surety
bond was not posted in accordance with Code Section 44-7-32
and if
the initial and final damage lists required by Code Section
44-7-33
are not made and provided to the tenant.
(b) The failure of a landlord to provide each of the written
statements within the time periods specified in Code Sections
44-7-33 and 44-7-34 shall work a forfeiture of all his rights
to
withhold any portion of the security deposit or to bring an
action
against the tenant for damages to the premises.
(c) Any landlord who fails to return any part of a security deposit
which is required to be returned to a tenant pursuant to this
article shall be liable to the tenant in the amount of three
times
the sum improperly withheld plus reasonable attorney's fees;
provided, however, that the landlord shall be liable only for
the
sum erroneously withheld if the landlord shows by the preponderance
of the evidence that the withholding was not intentional and
resulted from a bona fide error which occurred in spite of the
existence of procedures reasonably designed to avoid such errors.
44-7-36 G
*** CODE SECTION *** 12/03/01
44-7-36.
Code Sections 44-7-31, 44-7-32, 44-7-33, and 44-7-35 shall not
apply
to rental units which are owned by a natural person if such
natural
person, his or her spouse, and his or her minor children
collectively own ten or fewer rental units; provided, however,
that
this exemption does not apply to units for which management,
including rent collection, is performed by third persons, natural
or
otherwise, for a fee.
44-7-37 G
*** CODE SECTION *** 12/03/01
44-7-37.
Notwithstanding any other provision of this chapter, if a person
is
on active duty with the United States military and enters into
a
residential lease of property for occupancy by that person or
that
person's immediate family and subsequently receives permanent
change
of station orders or temporary duty orders for a period in excess
of
three months, any liability of the person for rent under the
lease
may not exceed:
(1) Thirty days' rent after written notice and proof
of the
assignment are given to the landlord; and
(2) The cost of repairing damage to the premises
caused by an act
or omission of the tenant.
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