Georgia HB 404 Habitability Act 2024, What Landlords Need to Know
Georgia HB 404, signed in 2024, was the most significant change to Georgia landlord-tenant law in decades. It created the first statutory implied warranty of habitability, added a 2-month cap on security deposits, and changed the pay-or-quit notice period.
Georgia before HB 404
Prior to HB 404, Georgia was one of the few states without a statutory implied warranty of habitability. Tenants who rented uninhabitable units had limited legal remedies beyond the common law. There was also no cap on security deposits and no mandated pay-or-quit notice period.
Statutory habitability at 44-7-13
HB 404 added O.C.G.A. 44-7-13, establishing that every residential rental is subject to an implied warranty that the unit is fit for human habitation. The landlord must:
- Keep the unit in good repair.
- Comply with building and housing codes.
- Make repairs necessary for habitability.
If the landlord fails, the tenant has statutory remedies including withholding rent and lease termination.
2-month deposit cap at 44-7-30.1
HB 404 added O.C.G.A. 44-7-30.1, capping residential security deposits at 2 months' rent. This was the first Georgia cap on security deposits.
The cap applies to all refundable deposits combined. Non-refundable fees (application fees, pet fees clearly labeled non-refundable) are not counted.
3-business-day pay-or-quit at 44-7-50(c)
HB 404 amended O.C.G.A. 44-7-50(c) to require landlords to give 3 business days written notice (excluding weekends and holidays) before filing for eviction for nonpayment of rent. Previously, Georgia had no specified pay-or-quit period.
The notice must:
- State the amount of rent due.
- State the deadline (3 business days from service).
- Identify the property.
- Include the landlord name and signature.
Where to get a Georgia lease
LeaseKit's Georgia residential lease template includes HB 404 compliance, the 2-month deposit cap flag, and a pay-or-quit notice template following the 3-business-day 44-7-50(c) rule. $29 one-time.
This post is informational. Georgia HB 404 is new and still being interpreted by courts. For contested cases, consult a Georgia-licensed attorney.