Atlanta Landlord Laws Post HB 404, the 2026 Quick Guide

Atlanta operates under Georgia state landlord-tenant law as amended by HB 404 (Safe at Home Act, effective July 1, 2024) plus City of Atlanta and Fulton County overlays. HB 404 was the most significant change to Georgia landlord law in decades. This is the Atlanta-specific quick reference for 2026.

## Georgia baseline (HB 404)

• Security deposit: 2-month cap (OCGA 44-7-30.1, post HB 404).
• Return deadline: 30 days from vacating, with itemization (OCGA 44-7-34).
• Wrongful withholding: 3x damages + attorney fees (OCGA 44-7-35).
• Pay-or-quit notice: 3 business days for non-payment (OCGA 44-7-50(c), post HB 404).
• Implied warranty of habitability: now statutory (OCGA 44-7-13, post HB 404).
• Trust account: required if 10+ units or property manager (OCGA 44-7-31).
• Month-to-month termination: 60 days landlord, 30 days tenant (OCGA 44-7-7).
• Late fees: no statewide cap.
• Rent control: preempted (HB 1029, 2019).

## Atlanta-specific rules

Atlanta and Fulton County have limited landlord-specific overlay:

• Atlanta Housing Code: habitability inspections via Code Enforcement.
• Fulton County dispossessory: handled by Fulton County Magistrate Court.
• City of Atlanta Tenant Resource Center: assists tenants with disputes (informational, not enforcement).
• Lead-based paint: federal + Atlanta Department of Public Health pre-1978 inspection encouraged.
• No just-cause eviction: Georgia state preempts; Atlanta has no local overlay.
• No source-of-income protection at city level.

## Atlanta dispossessory process

Atlanta dispossessories go through Fulton County Magistrate Court:

1. Serve 3-business-day pay-or-quit notice (OCGA 44-7-50(c)).
2. File dispossessory affidavit ($60-$90 filing fee).
3. Tenant has 7 days from service to answer.
4. Trial within 14-21 days if contested.
5. Writ of possession; Fulton County Sheriff schedules lockout.

Fulton County is the busiest Georgia magistrate court for dispossessories. Hearing dates can be 14-30 days out.

## Common mistakes

Filing dispossessory the day rent is late. Pre HB 404 this was permitted. Post HB 404 the 3-business-day pay-or-quit notice is required first. Atlanta Magistrate Court routinely dismisses dispossessories filed without the notice.

Charging more than 2 months deposit. OCGA 44-7-30.1 caps at 2 months. Three-month deposits collected before HB 404 must be refunded down to the cap on lease renewal.

Self-help lockouts. Fulton County Magistrate Court awards damages and attorney fees. Eviction takes 2-4 weeks uncontested; self-help is never justified.

For an Atlanta-ready Georgia residential lease that includes HB 404 compliance, the 2-month deposit cap, the 3-business-day pay-or-quit notice template, and OCGA 44-7-13 habitability terms, see leasekit.io/templates/georgia-residential-lease for $29 one-time.