Rules for Georgia Screening
Tenant screening in Georgia relies primarily on the federal Fair Credit Reporting Act, as the state has no separate state-level mini-FCRA statute under Title 44 or Title 8 of the Official Code of Georgia.
Landlords must give applicants a standalone disclosure and secure written authorization before pulling any consumer reports, tenant.checkr.com reported.
Application fees have no statewide cap under Georgia law. However, landlordstudio.com reported that these charges should accurately reflect the actual expenses incurred by the property owner during the screening process.
Georgia Caps Residential Security Deposits
Georgia caps residential security deposits at the equivalent of two months’ rent for leases entered into or renewed on or after July 1, 2024, following the passage of the Safe at Home Act under O.C.G.A. § 44-7-30.1. Landlords must normally place these funds in an escrow or trust account, or post a surety bond, while providing a move-in checklist of existing defects.
State Laws Govern Housing Protections and Evictions
Georgia’s Fair Housing Act prohibits discrimination based on race, color, religion, sex, disability, familial status, and national origin. Criminal history is not listed as a protected category at the state level, and state law does not impose a lookback limit on criminal records.
Source of income, such as Section 8 housing vouchers, is not a protected class under statewide housing law. Local municipalities like Atlanta may enforce separate local ordinances requiring verification of municipal code before finalizing screening policies. For nonpayment of rent, landlords must issue a three-day notice to vacate or pay past-due amounts before filing a dispossessory affidavit in court.
Upcoming Record Sealing
Effective January 1, 2027, O.C.G.A. § 44-7-50 will allow courts to make dispossessory case records unavailable to the public under specific conditions. This option applies on motion if the tenant prevailed, paid the judgment in full, or if seven years have passed since a dismissal or fully paid judgment. tenant.checkr.com reported that this mechanism is not yet active.
Common Screening Questions
Are application fees capped in Georgia?
No statewide cap exists on rental application fees under Georgia law. Landlords must ensure that any charged fee reasonably reflects the actual screening costs.
What is the notice requirement for nonpayment evictions?
Landlords must give tenants a notice to vacate or pay past-due rent and late fees within three business days before filing a dispossessory affidavit in court.
Are security deposits strictly limited?
Yes, security deposits are capped at the equivalent of two months’ rent for residential leases entered into or renewed on or after July 1, 2024.
