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Home/Practice Areas/Real Estate/Landlord-Tenant Law

Georgia landlord-tenant attorneys representing both sides of the lease.

Whether you are a landlord managing a portfolio of properties or a tenant facing an unlawful eviction, Georgia's landlord-tenant law determines your rights — and the procedures you must follow.

Eviction Proceedings Lease Disputes Security Deposits Landlord Representation
What We Do

Landlord-Tenant Law Services

We serve Hall County, GA, Jackson County, GA, Gwinnett County, GA, Banks County, GA, and all of Northeast Georgia with landlord-tenant representation and lease dispute resolution.

Core Service

Eviction Proceedings (Dispossessory)

In Georgia, the eviction process is called a dispossessory proceeding and is governed by O.C.G.A. Title 44, Chapter 7. Landlords must follow the specific statutory procedures precisely — including proper notice requirements, filing in the correct court, and complying with service requirements — or risk having the case dismissed and being required to start over. We handle the entire dispossessory process for landlords efficiently, minimizing the time a non-paying or breaching tenant remains in the property.
Core Service

Lease Drafting & Dispute Resolution

A well-drafted lease is the best defense against landlord-tenant disputes. We draft residential and commercial lease agreements that are tailored to Georgia law, clearly define each party's obligations, and include provisions that protect landlords while complying with applicable regulations. When lease disputes arise — over repairs, alterations, lease violations, or early termination — we represent both landlords and tenants in negotiation, mediation, and litigation.
Core Service

Security Deposit Claims

Georgia law imposes specific requirements on landlords regarding security deposit handling — including written move-in/move-out checklists, timely return of deposits (within three business days in some circumstances), and itemized deduction statements. Landlords who fail to follow these procedures can be liable for damages, including the tenant's attorney fees. We advise landlords on compliance and represent both landlords and tenants in security deposit disputes.
Know Your Rights

Georgia landlord-tenant law: key rights and obligations

Georgia is generally considered a landlord-friendly state, but both landlords and tenants have important legal rights and obligations that must be understood and respected.

Landlord Rights

Landlord Protections Under Georgia Law

Georgia landlords have the right to collect rent, enforce lease terms, and evict tenants who fail to pay or violate the lease. Georgia does not have rent control, and landlords can generally raise rent to market rates at lease renewal. When a tenant damages the property beyond normal wear and tear, landlords can pursue the tenant for repair costs above the security deposit. We help landlords enforce these rights efficiently and in compliance with Georgia law.
Tenant Rights

Tenant Protections Under Georgia Law

Georgia tenants have the right to a habitable dwelling — one that meets basic health and safety standards — and the right to quiet enjoyment of the leased property. Landlords cannot engage in self-help eviction (changing locks, removing belongings, shutting off utilities) outside the formal dispossessory process. Tenants facing an unlawful eviction attempt have recourse under Georgia law, and we represent tenants whose rights have been violated.
Important Procedure

The Dispossessory Timeline

Georgia's dispossessory process begins with a written demand to pay or vacate, followed by filing a dispossessory affidavit in the appropriate magistrate or superior court. The tenant has the right to file an answer and request a hearing, which must be scheduled within 7 to 10 days. If the landlord prevails, the court issues a writ of possession. Understanding this timeline is critical for landlords who need to move quickly on non-paying tenants.
Related Practice Areas
Real Estate Overview Purchase & Sale Real Estate Disputes Business Litigation
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Service Area

Serving Hall County, Gwinnett County & Northeast Georgia

We serve Hall County, GA, Jackson County, GA, Gwinnett County, GA, Banks County, GA, and all of Northeast Georgia — providing accessible, high-quality legal representation close to home.

Hall County

  • Gainesville
  • Flowery Branch
  • Oakwood

Jackson County

  • Braselton
  • Jefferson
  • Commerce
  • Hoschton

Gwinnett County

  • Peachtree Corners
  • Lawrenceville
  • Duluth
  • Sugar Hill
  • Buford

Banks County

  • Homer
  • Maysville
  • Baldwin
  • Alto
FAQ

Common questions about landlord-tenant law in Georgia

Answers to the questions we hear most from landlords and tenants in Gainesville, Lawrenceville, Duluth, and across Northeast Georgia.

How long does the eviction process take in Georgia?

When proceeding without contest, an uncontested dispossessory in Georgia can result in a writ of possession in as little as two to three weeks from filing. When a tenant files an answer and requests a hearing, the process typically takes four to six weeks. If the tenant appeals, the process can extend to several months. We move as quickly as the process allows and help landlords avoid procedural missteps that cause delays.

Can a landlord keep the security deposit in Georgia?

A Georgia landlord may deduct from the security deposit for unpaid rent, damage beyond normal wear and tear, and other costs permitted by the lease. The landlord must provide the tenant with an itemized list of deductions within specific timeframes under O.C.G.A. § 44-7-34. Landlords who fail to follow the proper procedures — including providing move-in checklists and timely return notices — risk forfeiting the right to make any deductions.

Can a landlord change the locks or turn off utilities to force a tenant out?

No. Self-help eviction — including changing locks, removing a tenant's property, or shutting off utilities — is illegal in Georgia. A landlord who engages in self-help eviction can be held liable for damages including the tenant's moving costs, temporary housing, and potentially attorney fees. The only lawful way to remove a tenant in Georgia is through the dispossessory court process.

What notice must a landlord give before evicting a tenant in Georgia?

For non-payment of rent, Georgia law does not require a specific waiting period before filing a dispossessory — though as a practical matter, most landlords provide a brief demand notice first. For lease violations other than non-payment, the lease terms may specify a required notice and cure period. For month-to-month tenancies, a landlord must give 60 days' written notice to terminate the tenancy. We advise landlords on the specific notice requirements for their situation.

Landlord or tenant with a dispute in Northeast Georgia?

Serving Hall County, Jackson County, Gwinnett County, Banks County, and all of Northeast Georgia — including Gainesville, Flowery Branch, Oakwood, Braselton, Jefferson, Lawrenceville, Duluth, Sugar Hill, Homer, and Alto.

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