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Contents
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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Each state has distinct laws that dictate the rights and responsibilities of landlords during the tenant screening process. In Georgia, for instance, there is no limit on the application fees that landlords can charge. However, these fees should accurately represent the actual costs incurred by the landlord while screening potential tenants.
This article delves into the Georgia tenant screening laws, addressing everything from application requirements to background checks. We will also explore what information landlords are permitted to collect, how they can use this information, and the regulations around background check fees.
Georgia's tenant screening process is regulated by a combination of federal, state, and local laws that establish the legal framework landlords must follow when assessing potential tenants.
The federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prohibits discrimination in housing-related transactions, including the sale, rental, and financing of dwellings. This law protects individuals from discrimination based on race, color, national origin, religion, sex, disability, or familial status.
Similarly, the Georgia Fair Housing Law (Title 8, Chapter 3, Article 4 of the Official Code of Georgia) prohibits discrimination in the sale, rental, or financing of housing. It extends protections against discrimination to include race, color, religion, sex, disability or handicap, familial status, and national origin.
Under the Fair Credit Reporting Act (FCRA), landlords are required to provide an adverse action notice if they deny an application based on information from the applicant’s credit report. This notice informs applicants about the decision and their rights under the FCRA.
Additionally, landlords must disclose the name and address of the credit reporting agency that provided the report.
Related: What Is A Tenant Screening Report? Plus Examples
In Georgia, landlords are permitted to charge application fees, as there are no laws that prohibit this practice. However, any fees charged should accurately reflect the actual costs associated with the tenant screening process.
For example, should the landlord use a tenant screening service like Landlord Studio, they can pass the full tenant screening service fee onto the tenant, however, they should not then add additional unnecessary fees, such as charging tenants for the time spent processing the tenants application.
Landlords should also keep in mind that application fees are typically non-refundable. This means that once a prospective tenant pays the fee, they cannot expect a refund, regardless of whether their application is approved or denied.
In Georgia, landlords must disclose the following details to tenants during the screening/application process:
Landlord Studio's tenant screening reports include a credit check, ID check, full eviction and rental history report, and acriminal background check.
Screening tenants with Landlord Studio is simple and completely free for landlords.
And that’s it!
Your tenants will then receive an email asking them to fill out their details. Once they’ve submitted and paid* you’ll receive the reports in the app and be notified by email. Simply log back in to review.
* Reports cost as little as $45 and can be paid for by the landlord or the tenant.
In Georgia, the use of consumer reports, including background checks, is regulated by federal laws like the Fair Credit Reporting Act (FCRA). This legislation sets forth important requirements for landlords who wish to utilize these reports.
According to the FCRA, landlords must obtain written consent from tenants or prospective tenants prior to acquiring a consumer report from a reporting agency. Furthermore, landlords are obligated to provide specific disclosures and adhere to established procedures during the tenant screening process.
Related: Tenant Credit Check: How to Read and Understand the Report
Here’s a concise overview of the typical steps involved in the tenant screening process in Georgia.
Start the screening process by asking pre-qualification questions. This initial step helps determine whether applicants meet essential criteria, such as income level, rental history, and their preferred move-in timeline.
Next, collect important information from applicants. This should include their contact details, previous addresses, employment history, proof of income, and consent for background checks.
Once you have gathered the necessary information, conduct comprehensive background checks. These checks should cover credit history, criminal records, and rental history. Utilizing an online screening service can provide quick and legal access to these reports.
When selecting an online tenant screening service, focus on the accuracy and thoroughness of the information provided about potential tenants. Additionally, consider factors such as cost, data security, and the speed of report delivery.
Landlord Studio is a property management software that offers detailed tenant screening reports tailored for Georgia. These reports include credit scores, rental histories, background checks, and eviction records. Reports can be generated in as little as 30 minutes, with prices starting at $45.
Related: 9 Best Background Check And Tenant Screening Services
After reviewing the reports, evaluate the applications using consistent criteria to ensure compliance with Georgia's tenant screening laws.
It’s crucial for landlords to promptly inform applicants of their decisions. Providing clear reasons for any denials fosters transparency and helps maintain a positive relationship with potential tenants.
Related: The Landlord's Guide To Tenant Screening
The most important takeaway from this article is that landlords in Georgia must understand tenant screening laws to mitigate legal risks effectively. It’s also equally crucial that they ensure compliance with both federal and state anti-discrimination regulations throughout the screening process.
Thankfully, dependable property management tools such as Landlord Studio can streamline this procedure while ensuring compliance with tenant screening laws in Georgia. Landlord Studio provides cost-effective screening solutions that emphasize legal adherence, offer comprehensive reporting, and ensure prompt turnaround times.
Enhance your tenant screening experience in Georgia by signing up for a free Landlord Studio account today!
