Landlord FAQ
What are my responsibilities as a landlord?
The landlord’s primary responsibility is to keep the dwelling in a safe and habitable condition. Beyond that, the landlord is responsible for making repairs to the property, selecting tenants and collecting the rent. Any other obligations would then be set by the lease between the landlord and tenant.
Can I make my tenant responsible for repairs?
No. Georgia law specifically prohibits any attempt to waive, assign, transfer, or otherwise weaken the landlord’s responsibility to keep the property in good repair.
I am lease/optioning a property to a tenant buyer. Can I then make them responsible for repairs?
If the tenant is occupying the property under a lease, then the landlord still remains responsible for keeping the property in good repair. Any attempt to shift the responsibility to repair to the tenant is void and unenforceable.
Do I need to provide a smoke detector?
Under Georgia law, an approved battery-operated smoke detector is required in every apartment, house, condominium ant townhouse built before July 1, 1987. The smoke detector should be located on the ceiling or wall at a centrally-located point on each floor of the dwelling. Tenants are then responsible for keeping the smoke detector in good working order.
Do I need to disclose that my rental property contains lead-based paint?
If the property was built before 1978, then almost certainly you will need to disclose the presence of all known lead-based paint and other lead hazards. Exceptions to this rule exist for property which has found to be free of lead-based paint by a state certified inspector, leases for lofts or studios, or short-term leases of less than 100 days.
Can I charge an application fee?
Yes.
My tenant signed a lease, but wants now to cancel. Can they?
No. There no “cooling off” period under Georgia law in which a tenant can change their mind after signing a lease. Once signed, the tenant is bound by the terms of that lease.
My tenant has not paid me. Can I change the locks?
Most likely no. Changing the locks without first obtaining a writ of possession and other self-help evictions are considered to be actionable torts. In everyday language, that means that your tenant may have the right to sue you, even though they haven’t paid the rent.
My tenant has abandoned the property. Do I still need to get an eviction?
Technically no, but it’s still probably a good idea. Under Georgia law, if a tenant has actually abandoned the property then you do not need to obtain a writ of possession. However, in order for a tenant actually to abandon the property, there must be both non-use as well as an intention to relinquish all rights to the property. Absent an affirmative statement by the tenant that they have abandoned the property, this is ultimately a factual determination best made by a judge.
My tenant has disappeared, but they left their stuff behind. Can I throw it away?
If the tenant has really abandoned the property then they have also abandoned their possessions, and the landlord is free under Georgia law to dispose of those possessions as he or she sees fit. That being said, a landlord cannot be certain that the tenant won’t reappear and demand that all of their possessions be returned. It is much better, then, that landlords treat such possessions carefully and remove them to a safe place. The landlord can then mail a letter to the tenant, giving them some amount of time to redeem their property before it is disposed of.
