No statewide cap, state law prohibits local rent control
You own rental property in Georgia. You need to know the rules for setting rent, raising rent, and what happens when a tenant doesn't pay. This guide covers the basics of Georgia's approach to rent control, how it impacts your operations, and what you need to watch out for.
Georgia takes a distinct stance on rent control. Unlike some states or cities, Georgia has a statewide prohibition against local rent control ordinances. This means no city or county in Georgia can enact its own rent control laws. For landlords with 1-20 units, this simplifies things significantly: you operate under state law, not a patchwork of local regulations. The controlling statute for landlord-tenant relations, including rent, is O.C.G.A. § 44-7 (Landlord and Tenant).
What does this mean in practical terms? It means you have considerable freedom in setting initial rent amounts and increasing rent. There is no statutory limit on how much you can charge for rent. There are also no restrictions on the frequency of rent increases, beyond what you specify in your lease agreement. If your lease states rent is $1,500 per month for a 12-month term, you cannot increase it mid-term. At renewal, however, you can propose any rent increase you deem appropriate, provided you give proper notice.
The key regulators in Georgia are the state courts, which interpret O.C.G.A. § 44-7. There isn't a dedicated state agency overseeing rent control because, simply, there isn't any. Your primary interaction with regulatory bodies will be through the court system if an eviction becomes necessary. Understanding the notice periods for eviction is critical here.
For non-payment of rent, Georgia requires a 3-day notice to cure or quit. This is a short window. If a tenant fails to pay by the due date, you can issue this notice. If they still haven't paid after three days, you can initiate dispossessory proceedings (eviction). Do not attempt to lock out a tenant or remove their belongings. That's illegal self-help eviction and will land you in serious trouble. Always follow the court process.
Regarding "no-cause" evictions, Georgia law requires a 60-day notice for tenants at will (those without a fixed-term lease). If you have a tenant on a month-to-month agreement and decide not to renew for any non-discriminatory reason, you must provide them with 60 days' written notice before they are required to vacate. Georgia does not have statewide "just-cause" eviction requirements. This means you generally don't need a specific reason (like lease violation) to terminate a month-to-month tenancy, as long as your actions are not discriminatory or retaliatory.
A common landlord mistake: attempting to evict a tenant for non-payment without first issuing the proper 3-day notice. Or, providing inadequate notice, such as a verbal warning instead of a written notice. Always put notices in writing. Deliver them according to your lease and state law, often via certified mail and first-class mail, or by personal service. Incorrect notice can cause your eviction case to be dismissed, costing you time and money.
Another area often misunderstood is security deposits. Georgia has no statutory cap on security deposits. You can charge any amount you deem reasonable, though typically landlords charge one to two months' rent. The rules for handling security deposits are specific: deposits must be held in a separate escrow account. You must provide the tenant with a list of existing damages at move-in. At move-out, you have 30 days to return the deposit or provide an itemized list of deductions. Failure to follow these rules can result in losing your right to keep any portion of the deposit.
Don't fall into the trap of thinking you can verbally agree to changes. Do not accept partial rent payments without a clear written agreement on how that affects your right to pursue the remaining balance or eviction. Do get everything in writing. A signed lease agreement is your primary defense and offense. It clarifies rent amounts, due dates, late fees, and responsibilities. Ensure your lease clearly outlines notice periods for rent increases and non-renewal.
As of recent legislative sessions, Georgia lawmakers have consistently reaffirmed the state's stance against rent control. While some legislative proposals periodically address landlord-tenant issues, such as notice periods or eviction processes, measures that would impose rent caps or "just-cause" eviction requirements have not gained traction. For example, discussions in the 2024 legislative session focused more on property tax relief and housing affordability initiatives that do not involve direct rent regulation. Landlords should stay aware of any changes to notice periods or court procedures, but significant shifts towards rent control are unlikely in the near future.
The practical bottom line for a 1-20 unit landlord in Georgia is this: you have significant control over your rent pricing and terms. However, this freedom comes with strict procedural requirements, especially concerning eviction and security deposits. Understand O.C.G.A. § 44-7. Follow the 3-day non-payment notice and 60-day no-cause notice rules precisely. Keep accurate records. Use clear, written leases. Don't deviate from the legal process for evictions. Doing so protects your investment and ensures smooth operation of your rental properties.
| Annual rent increase cap | No statewide cap | |
| Just cause required for eviction | No | |
| Local rent control allowed? | No, preempted by state law | O.C.G.A. §44-7-19 (state preempts local rent control) |
Georgia state law expressly prohibits Georgia cities, counties, and other political subdivisions from enacting rent-control or rent-stabilization ordinances, codified at O.C.G.A. § 44-7 (Landlord and Tenant). Any Georgia city-level ordinance purporting to limit residential rent on private market-rate units is unenforceable as a matter of Georgia law. The preemption has been consistently upheld by Georgia appellate courts and has been in force for decades in most cases.
A Georgia landlord may raise the rent on a residential unit by any amount at the end of a lease term or on a month-to-month tenancy, subject only to three limits: (1) proper written notice of the increase, typically 30 days for a month-to-month tenancy, or whatever the lease provides for renewal of a fixed-term lease; (2) compliance with federal and Georgia fair-housing law, a rent increase targeted at a protected class (race, color, religion, sex, national origin, familial status, disability, and additional Georgia state classes) or at voucher-holders in jurisdictions that protect source of income is actionable; and (3) compliance with Georgia anti-retaliation law, a rent increase issued within 6 months after a tenant code complaint, habitability report, fair-housing contact, or tenant-organizing activity is presumed retaliatory and the landlord must rebut with a documented non-retaliatory business reason.
Preemption of rent control does not bar Georgia localities from regulating other aspects of the residential landlord-tenant relationship. Georgia cities remain free to enact local just-cause termination ordinances, source-of-income discrimination rules, security-deposit interest requirements, stricter habitability and code-enforcement standards, mandatory tenant relocation assistance, eviction-filing moratoria, landlord-registration requirements, and rent-registry programs. Before treating a Georgia rental as wholly unregulated, always check the current municipal code in the Georgia city or county where the property is located for non-rent ordinances that still apply.
No. O.C.G.A. § 44-7-19 has preempted local rent control since 1984. The preemption is comprehensive: "no county, municipal corporation, or other political subdivision of this state shall enact any ordinance or resolution which would have the effect of imposing controls on rents." Atlanta, Savannah, Augusta, Athens, and every other Georgia jurisdiction operate under the no-rent-control framework.
No, the 2022 Atlanta tenant-protection package did not include rent control. Atlanta enacted a package focusing on procedural protections: extended notice periods for rent increases, lease-disclosure requirements, eviction-court procedural changes. The package explicitly did not include rent control because local rent control would have been preempted under § 44-7-19. The Atlanta City Council made the policy choice to focus on procedural protections it could legally enact.
In the absence of contrary lease provisions, the Georgia Landlord and Tenant Act requires 60 days notice for rent increases on tenancies of indefinite duration. Most leases specify shorter notice periods, which the courts have generally enforced. The notice requirement does not cap the amount of the increase; landlords may raise rent by any amount.
A combination of long-standing legislative preemption (since 1984) and a fast dispossessory procedure (one of the fastest in the country at 14-30 days uncontested). The dispossessory speed effectively substitutes for forward-looking tenant protections like rent control: tenants who cannot afford rent increases are removed quickly rather than protected by rent caps. Georgia's political coalition has not pushed for either statewide rent regulation or repeal of the preemption in modern legislative sessions.
Extremely unlikely in the next several legislative cycles. Georgia has not seriously considered repealing § 44-7-19 since the preemption was enacted in 1984. The political coalition for rent control in Georgia is small and unorganized. The trajectory is toward continued landlord-favorability. Compare to Colorado (where HB 23-1115 repealed the preemption in 2024) or Pennsylvania (where no preemption exists); Georgia is structurally further from local rent control than either.
Informational only, not legal advice. Consult a licensed Georgia attorney. Source attribution in the Sources band below.
