Treble damages for wrongful withholding
O.C.G.A. 44-7-35 makes a landlord who wrongfully withholds liable for three times the amount improperly withheld plus reasonable attorney's fees.
A tenant paid a $2,000 deposit; the landlord returns $500 and cannot justify the rest.
- Improperly withheld: $2,000 − $500 = $1,500
- Treble: 3 × $1,500 = $4,500, plus reasonable attorney's fees
The common error is trebling the full $2,000 to reach $6,000. Treble the amount withheld. Recovery drops to the single $1,500 only if the landlord proves an unintentional good-faith error despite reasonable procedures.
The small-landlord exemption, and how it is lost
O.C.G.A. 44-7-36 exempts units owned by a natural person who with spouse and minor children collectively owns ten or fewer rental units from the escrow, move-in list and treble damage provisions.
The trap: the exemption is lost if the units are managed by a third party for a fee, so an owner who hires a management firm is fully covered. Counting units while ignoring that exception is the classic error. And 44-7-34's 30-day return and itemization duty applies to every landlord.
Dispossessory notice and habitability
Georgia rule: O.C.G.A. 44-7-50(c) and (d), as amended by the Safe at Home Act for leases entered into or renewed on or after July 1, 2024, require written notice to vacate or pay all amounts due within three business days, posted in a sealed envelope conspicuously on the door and delivered by any additional method agreed in the rental agreement. Business days, not calendar days; written, not an oral demand. Changing the locks is prohibited self-help — only a writ of possession executed by the sheriff or marshal removes a tenant.
O.C.G.A. 44-7-13(b) deems every residential rental agreement, oral or written, to include a provision that the premises is fit for human habitation, and 44-7-2(b) bars waiver of rights under 44-7-13. An as-is waiver has no effect, and reduced rent cannot buy one.
Tenancy at will notice is asymmetric
O.C.G.A. 44-7-7 requires 60 days from the landlord and 30 days from the tenant. Reversing them is the classic error; the statute deliberately demands more warning from the landlord.