Guide To Rental Applications Laws in Georgia [+Free Template]

Rental applications in Georgia give landlords valuable insights into whether a tenant is suitable for their properties.

However, like every other process in the landlord-tenant relationship, it is governed by federal and state laws. For example, Georgia rental application laws specify disclosure requirements, consent for background checks, and anti-discrimination policies. 

Understanding and adhering to these laws not only simplifies the application process but also protects landlords from potential legal issues that can be costly and time-consuming.

This article provides a comprehensive overview of the rules and regulations surrounding Georgia residential rental applications with additional free resources and templates to support you throughout this process.

What is a Georgia Rental Application?

A rental application in Georgia serves as a legal document that landlords and property managers can use to evaluate tenants ensuring that the right tenant is chosen for their property every time.

Typically, a rental application form in Georgia requires applicants to provide personal details, rental history, financial information, and references from employers or previous landlords. This collected information helps landlords assess whether an applicant is a good match for their rental.

The application and screening process looks at a prospective tenant's ability to pay rent and their likelihood of being a disruptive tenant or causing damage to the property.

Federal and local laws regarding the maximum rental application fee in Georgia permit landlords to charge reasonable fees for processing applications while also safeguarding tenants from excessive charges.

What To Include in a Rental Application

When creating a rental application form in Georgia, landlords should include the following information:

• Applicant’s Personal Information: Full name, contact details, current address, proof of identification, and pet ownership status.
• Proof of Income: Acceptable documents include pay stubs, W-2s, bank statements, or an offer letter.
• Employment History: Details of past and current employers; freelancers should provide tax documents.
• References: Personal, landlord, and credit references to verify rental history.
• Screening Reports: Obtain consent for credit and background checks as local laws allow.
• Co-signer Information: If applicable, a co-signer must also complete a rental application.

Georgia Rental Application Laws And Requirements 

Below is an overview of the essential Georgia rental application laws that property owners should be aware of. 

Maximum Rental Application Fee Georgia

There are no statewide limits on the amount a landlord can charge for rental application fees in the state of Georgia. That being said it is recommended that landlords only charge a ‘reasonable’ fee to cover the actual cost of the screening.

Georgia landlord-tenant law requires landlords to provide specific disclosures during the rental application process. These disclosures must include any fees associated with the application, the criteria used for tenant screening, and the procedures for conducting background checks. 

Failure to comply with these disclosure requirements may result in the landlord being obligated to refund the application fee or any associated costs.

Application fees are non-refundable, regardless of whether an applicant is approved or denied.

Security Deposit Limits Georgia

In Georgia, there is no legal cap on the amount that landlords can charge for security deposits. This lack of a statutory limit allows landlords to set their own fees when renting to tenants. Additionally, landlords may request extra deposits for pets, except in cases involving individuals with disabilities who require emotional support or service animals.

Fair Housing Compliance

Both federal and state laws strictly prohibit discrimination in housing-related activities, including during rental applicationsin  Georgia.

Under the federal Fair Housing Act, landlords are not allowed to discriminate against tenants based on race, color, religion, national origin, sex, familial status, or disability. This prohibition extends to all aspects of tenant screening and application to rent in Georgia.

Similarly, the Georgia Fair Housing Act offers additional protections by also banning discrimination based on these same characteristics. As a result, landlords cannot request information regarding any of these factors on a rental application in Georgia or use them as criteria for selection.

Required Disclosures in Rental Applications Georgia

According to Georgia rental application laws, landlords must provide essential disclosures during their application to rent. This ensures transparency and adherence to state regulations, safeguarding the interests of both landlords and tenants. 

Below is a comprehensive overview of the required disclosures for Georgia residential rental applications.

• Landlord Identification: Landlords are obligated to disclose their name and address, along with the contact details of any property management firms involved in the leasing process.
• Security Deposit Information: The application should specify the security deposit amount, the method of collection and storage, any interest it may earn, and the conditions for its return. Additionally, landlords must explain any deductions taken from the deposit and provide justifications for these charges.
• Existing Damage Disclosure: A move-in inspection checklist or report must be provided to document any pre-existing damages to the property before the tenant occupies it.
• Legal Rights Information: Tenants should receive information on how to access relevant landlord-tenant laws, ensuring they understand their rights and responsibilities.
• Flooding Disclosure: Landlords must inform prospective tenants about any history of flooding on the property before signing a lease. If flooding has affected any part of the rented space three times within the past five years, written notice regarding this flooding risk must be provided prior to lease signing (OCGA § 44-7-20).
• Murder/Death Disclosure: Landlords and their agents are required to answer truthfully if asked direct questions about the property's past. This includes inquiries regarding whether a deceased person previously occupied the property or if it was the site of a homicide, felony, suicide, or accidental or natural death (OCGA § 44-1-16).
• Prior Damage Disclosure: Before collecting a security deposit, landlords must furnish tenants with a detailed list of any existing damages to the property. Tenants have the right to inspect these damages to verify their accuracy. Both parties must sign the move-in inspection documentation (OCGA § 44-7-33.a).

Credit and Background Check Laws Georgia

Georgia allows landlords to conduct tenant screening, which includes background checks that assess credit and rental history. However, landlords must follow specific laws and guidelines during this process:

• Consent: While credit agencies can share an applicant's information without explicit consent, it is recommended that landlords obtain permission from the tenant.
• Criminal History: Landlords cannot deny a tenant solely based on their criminal history, and they must not make exceptions based on race or other protected classes. Additionally, tenants who have been arrested but not convicted cannot be denied housing.

Verifying Employment and Income

In Georgia, it is common practice for landlords to request proof of income from applicants as part of the rental process. This step is essential for confirming whether a prospective tenant can afford the monthly rent. Neglecting to verify a tenant's income can lead to serious financial consequences for landlords, including potential evictions and loss of rental income. 

To help mitigate these risks, here are some common types of documentation that landlords can request from tenant applicants.

• Pay Stubs: Landlords can ask tenants to provide copies of their pay stubs from the last three months. This documentation serves as evidence of a consistent income stream.
• Annual Tax Returns: Another effective method for verifying a renter’s income is to request their federal tax return, specifically the IRS Form 1040, from the previous year. For self-employed individuals, a 1099 form can be requested to confirm their earnings and tax contributions.
• W-2 Tax Form: Alternatively, landlords may ask applicants for their W-2 forms. This document details the amount withheld from an employee’s earnings for taxes and can be useful for verifying income. However, it may not reflect any recent job changes or salary increases.
• Employer Verification Letter: A salary verification letter from an employer is another reliable way to confirm a tenant's income. Additionally, landlords can request employment references to further validate this information.
• Bank Statements: For self-employed tenants, requesting bank statements that show deposits and withdrawals can provide valuable insights into their financial situation. Ideally, landlords should ask for two to three months' worth of statements to gain a comprehensive understanding of the applicant's finances.

How To Collect Rental Applications in Georgia

Landlords in Georgia typically use two primary methods to collect rental applications: paper forms and online application platforms.

Paper Forms vs Online Forms

Paper forms can be a great option for applicants who may not have reliable internet access or who are not comfortable with technology. This traditional method also appeals to many landlords who prefer a familiar format. Landlords can easily find downloadable rental application templates online, print them out, and distribute them to prospective tenants.

On the other hand, utilizing online rental application platforms offers several advantages over paper forms. This method tends to be more efficient, allowing for quicker processing, better organization, and improved legibility of applications.

Landlord Studio is a comprehensive property management software that enables landlords to create and send online applications effortlessly. This platform not only facilitates the collection of application fees but also provides tools for tenant screening reports, rent collection, and tax reporting—all at a competitive price.

Georgia Rental Application Laws: Final Words

Even experienced property owners can find the task of creating and managing rental applications quite challenging but it's essential to ensure that your rental application forms comply with both state and federal regulations. 

Fortunately, the Georgia rental application process can be simplified and made more efficient with property management tools like Landlord Studio.

With Landlord Studio you can streamline the entire tenant selection process. Create a free rental listing and share it across top sites including Zillow and Zumper. Collect and prescreen leads, and manage rental applications and tenant screening all in one place. Find great tenants fast, and have complete confidence in your final tenant selection decision.

Georgia Landlord Tenant Laws

• Georgia Landlord Tenant Laws: Overview 
• Georgia Tenant Screening Laws
• Georgia Security Deposit Laws
• Guide To Georgia Lease Agreements [+Free Template] 
• How Much Can You Raise The Rent in Georgia
• Georgia Eviction Laws

Rental Application Resources 

• Free Rental Application Form Georgia (PDF)
• Georgia Landlord-Tenant Handbook

Related Article

• A Guide To Rental Applications For Landlords [+Free Template]
• 10 Methods for Tenants to Show Proof of Income
• Free Residential Rental Application Form Template
• Rental Application Fee Laws By State
• How to Legally Decline a Tenant: Setting Tenant Criteria
• What Is Rental Verification? How to Verify Tenant Rental History
• Rental Application Fees: Do’s and Don’ts