For homeowners

Renting out your home

Renting can bring steady income and keep you in the market when selling doesn't make sense yet. But Georgia landlord law has technical rules that catch new landlords off guard. Here's what to know before you hand over the keys.

Before you rent

What to check first

Own a condo?

Most condo associations restrict leasing. Some cap the number of rentals or require a minimum lease term, so read your condo documents before you list it. Condo guide →

Change your insurance

A regular homeowners policy usually only covers an owner-occupied home. You'll likely need a landlord (often called DP-3) policy and higher liability limits. Also ask how long the home can sit vacant between tenants, often only 30 to 60 days.

Screen carefully

It's much easier to keep a problem tenant out than to get one out. Run a thorough background, credit and rental history check on every applicant, applied the same way to everyone.

Athens-Clarke County

The two-unrelated-person rule

If your home is in Athens-Clarke County and zoned single-family residential (RS), or sits in an agricultural (AR) area surrounded by single-family homes, county ordinance says no more than two unrelated people may live there. A family can have no more than one unrelated person living with them.

This matters most when renting to roommates or students: a three- or four-bedroom house in an RS zone generally can't be leased to three or four unrelated tenants. The county enforces it as a zoning violation, and it applies to the owner as well as the tenants.

Athens-Clarke County: Common Residential Ordinances ↗

Check your zoning

Not sure how your home is zoned? Look it up on the county map, or call Athens-Clarke Planning at (706) 613-3515.

Athens-Clarke property map ↗

Homes in other counties follow their own rules, so check with that county's planning office.

The lease

Put it in writing

  • Always use a written lease. A verbal lease of a year or less can be enforceable in Georgia (O.C.G.A. § 44-7-2), but it leaves too much open to "that's not what we agreed."
  • Lease the whole house, not by the room. Put every roommate on one lease that makes each of them responsible for the full rent. If one roommate stops paying, you can collect from the others. Separate per-bedroom leases take away that protection: each tenant only owes for their own room.
  • Spell out when you can enter. Once the lease starts, the home is the tenant's to possess. You can't inspect, show it or put up a sign unless the lease allows it.
  • Plan a walk-through every quarter. We suggest writing into the lease that you can walk the home once a quarter, with notice. It lets you catch damage early and spot maintenance issues, like a slow leak, a clogged HVAC filter or a soft spot in the floor, before they turn into expensive repairs.
  • You handle repairs. Georgia law requires the landlord to make repairs (O.C.G.A. § 44-7-13). A tenant can be asked to do maintenance, like changing air filters and smoke alarm batteries, but not repairs, even if they're willing.
  • Pre-1978 homes require a federal lead-based paint disclosure for tenants (42 U.S.C. § 4852d), along with the EPA lead pamphlet. Need the disclosure form? Request one from a Georgia Move Realty agent. Lead paint guide →
  • Military tenants with qualifying orders can end a lease early under Georgia and federal law (O.C.G.A. § 44-7-22).
  • Contractors working on your rental should carry workers' comp and liability insurance. Get a certificate before they start.

Fair housing applies to most rentals

Federal and Georgia fair housing laws (O.C.G.A. § 8-3-202) bar discrimination based on race, color, religion, sex, national origin, disability or familial status. There are a few narrow exemptions for some small landlords, but they disappear once you use a property manager or agent, and discriminatory advertising is never allowed.

We recommend every landlord follow fair housing rules. If you have questions about how they apply to you, consult an attorney.

HUD: the Fair Housing Act ↗ Georgia Commission on Equal Opportunity: fair housing ↗

Georgia's rules

Move-in, move-out & security deposits

Georgia's security deposit law (O.C.G.A. §§ 44-7-30 to 44-7-37) sets the steps below. Small landlords can be exempt from the escrow, move-in and move-out list, and penalty rules if you're an individual (not an LLC or company), you and your immediate family own 10 or fewer rentals, and no one manages the home for a fee (O.C.G.A. § 44-7-36). The 30-day return rule applies to every landlord. Many landlords follow all the steps anyway because they protect both sides.

Move-in listBefore taking a deposit, give the tenant a written list of existing damage. Both sign it. Add photos and video. O.C.G.A. § 44-7-33
Hold the depositKeep it in a separate escrow account (or post a bond with the county), and tell the tenant in writing where it is. O.C.G.A. § 44-7-31
Move-out listWithin 3 business days after the tenant leaves, give them a list of damages. They get 5 business days to inspect. O.C.G.A. § 44-7-33
Return in 30 daysEvery landlord must return the deposit, minus documented damage beyond normal wear and tear, with a written explanation. O.C.G.A. § 44-7-34

Skipping these steps when they apply can cost you the right to keep any of the deposit, and keeping it improperly can mean paying the tenant up to three times the amount plus attorney's fees (O.C.G.A. § 44-7-35). See the Georgia Landlord-Tenant Handbook (Georgia DCA) ↗.

When things go wrong

Evictions aren't always quick

Most evictions go through the county magistrate court. An uncontested case can take two to three weeks; a contested case, or a tenant who files bankruptcy, can take one to six months. You may not recover all the rent or your legal fees.

Experienced landlords tend to start the process sooner rather than later when rent stops coming in.

Vacant homes need watching

Between tenants, a burst pipe, break-in or roof leak can go unnoticed for weeks. Check the home regularly and know your policy's vacancy limits.

Bigger picture

Taxes & management

  • Watch the two-out-of-five-year rule. If you lived in the home for two of the last five years, a sale is generally treated as the sale of your personal residence. Rent it too long and you could owe capital gains tax when you sell. Talk to your CPA before you lease.
  • Be honest about the work. Managing a rental means late-night repair calls and chasing rent. A professional property manager can reduce the risk and the hassle.
  • Managers must be licensed. In Georgia, managing property for someone else is real estate brokerage and requires a license from the Georgia Real Estate Commission.
  • Thinking Airbnb instead? Athens-Clarke has strict short-term rental rules. Short-term rentals in Athens →
  • We don't do property management. Georgia Move Realty focuses on helping people buy and sell homes. There are plenty of property management companies in the area, and you're welcome to run any of them by us. We're happy to share pointers on what to look for.

Get the full guide

We'll email you the Georgia REALTORS® brochure What New Landlords Need to Know About Leasing Property, free.

Rent it or sell it?

Let's run the numbers.

We'll help you compare what your home could rent for with what it could sell for today, so you can decide what makes sense.

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Good to know: this is a general overview, not legal or tax advice. Landlord-tenant law has many technical requirements; consult an attorney, CPA or licensed property manager.

We're real estate agents, not attorneys. Nothing on this page is legal advice. Laws change and every situation is different, so always consult an attorney about your specific situation. Attorneys you can contact: Weissman PC · Blasingame, Burch, Garrard & Ashley, P.C.