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This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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Rent increases are a decision that every landlord will face at some point during their real estate journey. Although raising rent may seem unfair to current tenants, landlords often need to adjust rental prices to keep pace with inflation and changing market conditions.
Before attempting to raise rent in Georgia, landlords should familiarize themselves with the state's rent increase laws to help ensure they avoid potential pitfalls associated with increasing rent.
This article will address the question, “How much can landlords raise rent in Georgia?” Additionally, we will explore the pertinent laws that govern rent increases within the state.
Read more: When Should a Landlord Increase the Rent?
As of this writing, there are no statewide rent stabilization or rent control laws in Georgia. Additionally, local governments and cities in the state are prohibited from establishing their own rent control ordinances as per GA Code § 44-7-19. This lack of legislation allows property owners and landlords to increase rent as much as needed as long as the increase is outlined in the lease agreement and tenants receive proper notice.
Landlords in Georgia are required to provide tenants with a rent increase notice at least 60 days prior before they raise rental prices.
Under Georgia law, landlords also cannot raise rent during a fixed rental period unless the original rental agreement specifically allows for such changes. Additionally, rent increases for discriminatory or retaliatory purposes are prohibited by the state and federal Fair Housing Act.
Recent legislation has also been enacted to restrict rent increases for specific demographics. For example, House Bill 938 places limits on rent hikes for tenants aged 62 and older who primarily rely on Social Security or disability benefits.
Read more: How Much Can A Landlord Raise The Rent?
To help you navigate the legal intricacies and ensure compliance with the state and federal laws that regulate rent increases in Georgia we have outlined a step-by-step rent increase guide below.
The first step before raising the rent is to determine what the new rental price would be. An effective way to set a reasonable price is to analyze the local rental market and current trends to establish a competitive rate.
We recommend several online tools like Rentometer and Zillow Rent Estimate can assist in conducting a thorough market analysis for rentals in Georgia.
Related: Setting Rent: How Much Should I Charge for Rent?
Once you’ve determined and set a new rental price for your property, it’s time to send a rent increase notice to your tenant.
According to Georgia rent increase law, landlords must provide at least a 60-day notice when increasing the rent on a month-to-month lease. This helps maintain positive relationships with tenants.
While Georgia law does not specify how to deliver the rent increase notice, it is advisable to provide written notification. This method can help prevent misunderstandings and clarify the details of the increase. Be understanding and reasonable, giving plenty of time for your tenants to adjust their budgets.
Finally, make sure you stay updated on changes to Georgia rent increase laws that may affect compliance.
As per Georgia Code Section 44-7-7, landlords are required to notify tenants at least 60 days in advance of any rent increase. Failure to comply with this requirement could cost the landlord a lot in terms of legal disputes from tenants contesting unauthorized rent hikes.
There isn’t much specification as to what should be included in a Georgia rent increase notice but as a rule of thumb, it should clearly state:
This notice provides tenants the chance to decide whether to accept the new terms or seek alternative housing arrangements.
Download Free Rent Increase Notice Letter Template(s)
In Georgia, there are no statewide regulations governing how much landlords can increase rent for mobile home tenancies. However, it’s important to note that some cities do have their own rent control ordinances in place.
So, it’s essential that mobile home landlords research the laws that govern rent increases in their area to ensure compliance.
While mobile homeowners have the flexibility to increase rent as they see fit, they are also required to provide tenants with adequate notice. Specifically, they must provide at least 60 days' written notice before implementing any rent increase. It's important to note that landlords cannot raise the rent during the term of an existing lease agreement.
Mobile homeowners should also be aware of tenants’ right to contest rent increases. If tenants feel that their rights have been violated regarding rent increases, they may consider pursuing legal action. To support their claims, tenants would need to document all communications with their landlord and gather any relevant evidence.
The Fair Housing Act safeguards tenants' rights in housing matters. When raising rent in Georgia, landlords must comply with federal and state anti-discrimination laws.
At the heart of these regulations is the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability.
Georgia’s Fair Housing Law strengthens the protections established by the federal act at the state level.
Landlords should also be aware that the federal Office of Fair Housing and Equal Opportunity (FHEO) protects tenants from retaliation for asserting their legal rights. This includes actions such as requesting necessary repairs or engaging in tenant organizations.
If tenants experience retaliatory or discriminatory rent increases, they can file a complaint with the Georgia Department of Community Affairs, the Georgia Commission on Equal Opportunity, or the U.S. Department of Housing and Urban Development (HUD). These agencies are equipped to investigate claims and pursue potential legal remedies.
There are certain conditions you need to fulfill before you can raise the rent in Georgia. For one, landlords are required to give tenants adequate notice before any rent increase takes effect. Also, there are certain restrictions when raising rent as outlined in both federal law and the Georgia Fair Housing Act.
Keeping to these requirements and laws will not only help mitigate disputes regarding rent hikes but also foster positive relationships between landlords and tenants.
Consider using property management software like Landlord Studio to streamline the process of implementing rent increases. With Landlord Studio you can streamline online rent collection and automate late rent and rent increase communications. Plus, our customizable email templates make sending routine communications to emails quick and easy so you can stay organized and compliant.
Create your free Landlord Studio account today and make managing your rentals easy.
