Georgia Passes New Tenant Protection Law for Renters, Establishing Minimum Habitability Standards and Maximum Security Deposit Amounts (2024)

Georgia lawmakers passed in March a long-awaited tenant protection bill aimed at protecting renters from subpar living conditions. Passed through “HB404,” Georgia’s new “Safe at Home Act” establishes a minimum “duty of habitability” that requires landlords and property owners to provide tenants with rental housing that is sufficient for habitation and free from health and safety risks. Georgia is one of the last remaining states to have passed laws establishing minimum habitability standards for tenants. Governor Brian Kemp signed the “Safe at Home Act” into law in April.

Laws that seek to strengthen a state or local jurisdiction’s housing codes by ensuring that units meet a minimum set of habitability standards are critical in ensuring housing stability, especially for the lowest-income and most marginalized renters. Across the country today, and especially in Georgia, housing-related health and safety hazards are commonplace for renters. In 2023, more than 16% of all rental units across the U.S. had at least one habitability issue, including a lack of plumbing, a lack of kitchen facilities (such as working appliances), or a lack of smoke detectors. In Georgia, the number of households with severe housing habitability problems is at least 582,000, or 15% of homes in the state. Faulty housing structures can have detrimental effects for tenants and can exacerbate negative mental and physical health outcomes, leading tenants to develop asthma, causing developmental delays in children, heightening the risk of developing depression, and resulting in a host of other problems.

Among the most marginalized renters, habitability problems are not experienced equally across demographic groups. According to data provided by the American Housing Survey (AHS) in 2021, the share of Black, Indigenous, and Asian households suffering from moderately inadequate housing conditions across the U.S. is 7%, 10%, and 4%, respectively. In comparison, only 6% of white households suffer from moderately inadequate housing conditions, including lack of upkeep of a rental unit and its exterior premises. In Georgia, the numbers are far more pronounced, with 21% of Black families living in substandard housing conditions. In general, the lowest-income tenants living in areas with high concentrations of poverty are more likely to be at risk of experiencing health-related risks and habitability concerns in comparison to tenants in higher-income neighborhoods.

Moreover, tenants with maintenance issues and habitability concerns often fear retaliatory behavior from landlords if they raise concerns about habitability, and this can cause tenants not to report housing code violations altogether. In over 40 states today, retaliatory, harassing, or discriminating behavior perpetuated by landlords and property owners against tenants is prohibited. However, such behavior can be difficult to prove in a court of law, which can cause tenants not to report instances of habitability issues and in turn enables health and safety risks to persist.

Under Georgia’s new law, tenants are offered legal respite in the face of habitability concerns by requiring that a landlord or property owner keep the premises in good repair. This means that for any maintenance problems in a unit, it is the landlord or property owner’s responsibility to rectify the problem and bring the property back up to code, making the landlord or property owner liable for ensuring the property is habitable. For maintenance requests that go unchecked, a tenant is granted the right to assert a claim against a landlord or property owner in court by stating that the property is not fit for human habitation.

HB404” also guarantees two additional protections for tenants. In addition to outlining a landlord and property owner’s duties to ensure that the tenant’s rental unit is not in disarray and that all maintenance requests are addressed, the law also places limits on the amount of money that can be charged to a prospective tenant in security deposit fees, capping the amount that can be charged to a tenant at no more than two-months’ rent. By placing a limit on the amount that can be charged to a tenant in the form of a security deposit, a prospective renter is better positioned to secure housing without the burden of straining their budget to secure housing that is both accessible and affordable. Across the country, efforts to pass laws that limit fees, especially security deposit fees, have been growing. In 2023, for example, California passed “Assembly Bill No. 12,” which includes language similar to Georgia’s law. Under California’s law, a landlord is prohibited from requiring a security deposit from a tenant that is more than two-months’ rent.

For tenants who are at risk of eviction, moreover, the state has passed a provision to require landlords or property owners to provide tenants with at least three-days’ notice before filing for eviction due to non-payment of rent or nonrenewal of a lease agreement. Prior to the passage of “HB404,” a landlord or property owner was within their legal right not to provide notice to a tenant at all and instead was able to expedite the eviction process by filing an eviction case against a tenant without warning. Without notice, a tenant is left without sufficient time to rectify any infractions levied against them before an eviction is filed with the courts.

HB404” was supported by a broad-based coalition of tenants and organizations that advocated across the state for nearly two and a half years. A similar habitability law was introduced in the state legislature in 2023 but ultimately did not pass. An organization that spearheaded the advocacy efforts was Georgia Advancing Communities Together, Inc.(Georgia ACT), NLIHC’s state partner in Georgia.

“Regardless of race, color, class or creed, this issue was affecting everybody. Mold does not care what color you are or how much money you make,” said Dr. Bambie Hayes-Brown, President and CEO of Georgia ACT.

Georgia ACT and several other organizations continuously bused constituents from across the state to Atlanta to share their stories directly with policymakers. “Advocates do what they can, but the main thing was that the legislators were hearing about the conditions their constituents were living in and seeing photos of their living conditions, and that made the difference regardless of if they were Democrat or Republican,” said Dr. Bambie.

Georgia’s new law will go into effect on July 1, 2024, and will apply to any new leases signed – or renewed – on or after that date.

Learn more about Georgia’s new law at: https://www.legis.ga.gov/legislation/64363

Georgia Passes New Tenant Protection Law for Renters, Establishing Minimum Habitability Standards and Maximum Security Deposit Amounts (2024)

FAQs

Georgia Passes New Tenant Protection Law for Renters, Establishing Minimum Habitability Standards and Maximum Security Deposit Amounts? ›

Passed through “HB404,” Georgia's new “Safe at Home Act” establishes a minimum “duty of habitability” that requires landlords and property owners to provide tenants with rental housing that is sufficient for habitation and free from health and safety risks.

What is the new renters law in Georgia 2024? ›

In March 2024, HB 404, also known as Georgia's Safe at Home Act, was passed by Georgia lawmakers, establishing minimum requirements for landlords and property owners to provide rental housing that is safe, healthy and free of risks.

What is the security deposit law in Georgia? ›

The landlord has one month to send you your security deposit or a letter explaining why the deposit is being kept. If he doesn't, he can't keep the security deposit and he can't sue you for any damages to the unit. All landlords must return the security deposit within one month or let the tenant know why not.

What is true about security deposits as they apply to a standard leasing contract in Georgia? ›

Security deposit rules

Upon termination of the lease, the landlord has one month to return the security deposit to the tenant. If any amount is retained due to unpaid rent or damage beyond what is considered normal wear and tear, the owner must provide an itemized list of the damages and their estimated dollar value.

What are the new laws taking effect on July 1 2024 in Georgia? ›

GEORGIA, USA — Georgia on Monday imposed new restrictions on the sale of hemp products, required some basic standards for rented residences, cut income taxes and required cash bail for dozens of new crimes. Those are among many laws passed earlier this year by the General Assembly that took effect on July 1.

What a landlord Cannot do in Georgia? ›

In Georgia, landlords cannot kick tenants out of or prevent access to a unit without first going through the court dispossessory (eviction) process. Self-help evictions are illegal, even if the tenant has violated the lease.

What is the GA Code 44 7 30 2024? ›

No landlord shall demand or receive a security deposit in an amount that exceeds the equivalent of two months' rent. Added by 2024 Ga. Laws 392,§ 4, eff.

How long does a landlord have to return deposit in GA? ›

Returning the Security Deposit

Once the statement of deductions has been agreed upon then the landlord must return the balance of the security deposit within 30 days of the property being vacated.

What is the law 44-7:34 in Georgia? ›

Property § 44-7-34. (a) Within 30 days after obtaining possession of the premises as provided in subsection (b) of Code Section 44-7-33, a landlord shall return to the tenant the full security deposit which was deposited with the landlord by the tenant.

What is the tenant protection bill in Georgia? ›

House Bill 404, the Safe at Home Act, provides renters in Georgia new rights by requiring rental properties to be “fit for human habitation” upon signing a lease. Landlords also will be required to maintain their properties throughout the lease.

What is the warranty of habitability in Georgia? ›

Implied Warranty of Habitability: Once a property is leased, the tenant has the right to use, occupy and enjoy the premises in accordance with the lease or rental agreement.

Can landlords ask for three times the rent in Georgia? ›

Georgia Bans Landlords from Charging Rent More Than Three Times the Monthly Rate Starting July 1st. Effective July 1st, Georgia tenants will gain crucial protections under the newly enacted “Safe at Home Act,” marking a significant shift in the state's approach to tenant-landlord relations.

How much can a landlord raise rent in Georgia per year? ›

The state government places no caps on how much rents can be increased from one year to the next. With no rent control regulations to follow, Georgia landlords can raise rents based on factors like market rates, demand, overhead costs, profit goals, and more.

Can landlords evict tenants at this time in Georgia? ›

When a tenant fails to pay rent, late fees, utilities, or other amounts owed, the landlord must give the tenant a three-day notice to pay in full or move out. If the tenant does neither, the landlord can go to court and file an eviction lawsuit. (2024 Ga. Laws Act 392 (H.B. 404); Ga.

Do you have to make 3 times rent in Georgia? ›

BREAKING! Starting July 1st Landlords Cannot Ask The Tenant For Three Times The Rent Anymore. Starting July 1st, landlords can no longer require tenants to prove they earn three times the monthly rent. This new regulation aims to make housing more accessible, especially for those with non-traditional incomes.

How long before a guest becomes a tenant in Georgia? ›

How long before a guest becomes a tenant in Georgia? Georgia law does not specify an exact timeframe for when a guest becomes a tenant. However, if a guest stays for more than 2 weeks or establishes residency through keeping belongings there, receiving mail, etc., they could potentially gain tenant rights.

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