Georgia Tenant Screening Laws: A Guide for Landlords

Tenant screening in Georgia relies primarily on federal guidelines like the Fair Credit Reporting Act, with state rules focusing tightly on security deposits and dispossessory procedures.

Property managers handling applications across the state must balance federal standards with specific local statutes.

Federal Rules Govern Screening Frameworks

Evaluating a prospective renter typically involves reviewing their identity, credit background, past rental experiences, and criminal history prior to signing an agreement. In Georgia, tenant screening is generally governed by the federal Fair Credit Reporting Act (FCRA).

The state has no state-specific tenant-screening or mini-FCRA overlay under O.C.G.A. Title 44, Chapter 7, and Title 8, Chapter 3. That means federal law sets the primary framework for requesting, using, and acting on a screening report.

If an application is denied based on that report, landlords must send an adverse action notice under FCRA Section 615. This notice identifies the consumer reporting agency and informs applicants of their dispute rights and right to a free report copy.

Georgia Tenant Screening Laws: A Guide for Landlords — Photo: landlordstudio.com

Landlords Must Charge Reasonable Application Fees and Disclose Flooding

Georgia has no statewide cap on rental application or screening fees under O.C.G.A. Title 44, Chapter 7. However, application fees should accurately reflect the actual costs incurred by the landlord while screening potential tenants. Landlords should be able to point to the fee as a reasonable cost of screening rather than an added profit center.

Beyond financial charges, landlords must provide specific property disclosures. Landlords must disclose if the property has flooded three or more times in the last five years. Property owners or authorized agents must also provide their names and addresses to tenants.

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Georgia Caps Security Deposits at Two Months' Rent

Landlord obligations shifted notably with the passage of the Safe at Home Act (HB 404). Under O.C.G.A. § 44-7-30.1, residential leases signed or renewed on or after July 1, 2024, are subject to a state-mandated limit on security deposits equal to a maximum of two months’ rent. Landlords generally must hold these funds in escrow or a trust account, or post a surety bond.

Fair Housing and Source of Income

Georgia’s Fair Housing Act prohibits discrimination based on race, color, religion, sex, disability, familial status, and national origin. Landlords must apply consistent criteria to every applicant.

Statewide fair housing regulations in Georgia do not classify Section 8 recipients, housing vouchers, or alternative income sources as protected groups. This leaves state law neutral on voucher holders, neither requiring nor prohibiting their consideration. However, landlords should verify local municipal codes, as cities like Atlanta may have enacted local source-of-income or fair-chance housing ordinances.

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Landlords Must Provide Notice Before Filing for Eviction

For nonpayment of rent, Georgia landlords must give a notice to vacate or pay past-due rent, late fees, and other charges within three business days before filing a dispossessory affidavit in court, under O.C.G.A. § 44-7-50(c). Notice must be posted in a sealed envelope on the door and delivered by any additional method specified in the lease.

State law affirmatively blocks local governments from creating rent control under O.C.G.A. § 44-7-19. Meanwhile, changes are ahead for court records.

Beginning January 1, 2027, an amendment to O.C.G.A. § 44-7-50 will introduce a provision empowering judges to restrict public access to dispossessory files upon request in specific scenarios, such as tenant victories, full satisfaction of judgments, or the expiration of a seven-year period following a dismissed or fully settled case.

Common Questions About Georgia Screening Rules

Does Georgia cap security deposits? Yes, security deposits are capped at the equivalent of two months’ rent under O.C.G.A. § 44-7-30.1 for leases entered into or renewed on or after July 1, 2024.

Is source of income protected statewide? No, source of income is not a protected class under Georgia’s statewide Fair Housing Act, though individual municipalities may enforce local ordinances.

What notice is required for nonpayment evictions? Landlords must give a notice to vacate or pay within three business days before filing a dispossessory affidavit in court, pursuant to O.C.G.A. § 44-7-50.

Will eviction records be sealed automatically? Not automatically, and not yet. Starting January 1, 2027, courts can seal dispossessory case records upon a motion if the tenant prevailed, paid the judgment in full, or if seven years have passed.