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GA Real Estate: Fair Housing and Landlord-Tenant Law in Georgia

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Fair Housing and Landlord-Tenant Law in Georgia

Fair housing

Under the federal Fair Housing Act it is unlawful to discriminate in sale, rental, advertising, or financing based on race, color, religion, sex (which HUD interprets to include sexual orientation and gender identity), national origin, familial status, or disability. Cover the prohibited acts: refusing to show or rent, different terms, steering, blockbusting, redlining, discriminatory advertising, and lies about availability. Understand the limited exemptions (the owner-occupied four-unit Mrs. Murphy exemption and the private single-family sale without a broker or discriminatory advertising), that disability law requires reasonable accommodation and permits reasonable modification, and that families with children under 18 and pregnant women are protected. Georgia's Fair Housing Law mirrors the federal statute, and some local ordinances add categories such as age, marital status, or source of income - check the jurisdiction before answering. Avoid words in ads like adults only, perfect for couples, or no children.

Landlord-tenant in Georgia

Leases are governed by O.C.G.A. Title 44, Chapter 7. Occupancy types include tenancy for years, periodic tenancy, tenancy at will, and tenancy at sufferance. Security deposits in Georgia carry lighter statutory regulation than in many states, so the lease terms and general contract and fraud principles control; never assume a statutory cap or a statutory return deadline without verifying the lease.

When a tenant fails to pay or holds over, the landlord must file a dispossessory affidavit in magistrate court; the tenant then has seven days to answer. Self-help is prohibited - no changing locks, removing doors, or shutting off utilities. Retaliatory eviction for complaining about code violations is unlawful, and a tenant in a foreclosed property is protected by federal notice requirements.

Trap

Questions that suggest a landlord may keep a deposit at will, or evict without court process, are testing the no-self-help rule.