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Buford is a growing city in Gwinnett County, one of Georgia's most populous and fastest-growing counties in the metro Atlanta region. As Buford's rental market has expanded alongside retail and residential development around the Mall of Georgia corridor, more residents than ever are renting apartments, townhomes, and single-family homes. Understanding your rights as a renter — and the limits of those rights — is essential before signing a lease or dealing with a housing dispute.
Georgia's landlord-tenant law is governed primarily by O.C.G.A. Title 44, Chapter 7. Compared to many other states, Georgia's statutory framework offers fewer automatic protections for renters — there is no implied warranty of habitability written into state law, and there is no rent control anywhere in the state. However, tenants do have meaningful rights regarding security deposits, eviction procedures, and protection from illegal landlord self-help actions.
This guide covers the state laws that apply to Buford renters, practical steps you can take if your landlord violates your rights, and local resources that can help. This article is for informational purposes only and is not legal advice. If you are facing eviction or a serious housing dispute, contact a qualified attorney or a legal aid organization.
Buford has no rent control ordinance, and no Georgia city has enacted rent control. Unlike some states that have preemption statutes explicitly banning local rent control ordinances (such as Arizona under A.R.S. § 33-1329), Georgia does not have a single, explicit statewide preemption law prohibiting municipalities from enacting rent control. However, in practice, no Georgia municipality — including Buford, Gwinnett County, or any other jurisdiction — has passed a rent stabilization or rent control ordinance.
This means that in Buford, a landlord may raise your rent by any amount at the end of a lease term or, for month-to-month tenants, with proper written notice. There is no cap on annual rent increases, no requirement that a landlord justify a rent hike, and no local board or agency to which you can appeal a rent increase. If you receive a rent increase notice, your options are to accept the new terms, negotiate with your landlord, or give proper notice and vacate under O.C.G.A. § 44-7-7.
Renters should be especially careful to lock in lease terms in writing and understand what their lease says about rent adjustment, renewal, and notice requirements, since state law provides no floor on how much rents can rise.
The following Georgia state protections apply to Buford renters under O.C.G.A. Title 44, Chapter 7:
Security Deposits (O.C.G.A. §§ 44-7-30 through 44-7-37): Landlords who hold security deposits must keep them in an escrow account or post a surety bond and must notify tenants in writing within 30 days of where the deposit is held. When the tenancy ends, the landlord must return the deposit and provide an itemized statement of any deductions within 30 days (or within 3 days if the rental property is sold). Failure to comply can expose the landlord to liability for the full deposit amount plus additional damages.
Habitability and Repairs (O.C.G.A. § 44-7-13): Georgia does not have a statutory implied warranty of habitability applicable to all rental units. However, landlords who own five or more dwelling units are required by O.C.G.A. § 44-7-13 to keep those units in a fit and habitable condition. For smaller properties, tenants must rely on the terms of their lease and applicable local housing codes. Buford renters can contact the Gwinnett County Code Enforcement office to report substandard housing conditions.
Notice to Terminate Month-to-Month Tenancy (O.C.G.A. § 44-7-7): Either a landlord or a tenant in a month-to-month tenancy must give at least 60 days written notice before terminating the tenancy, unless the lease agreement specifies a different period. Fixed-term leases end on their own terms unless renewed.
Anti-Retaliation (O.C.G.A. § 44-7-24): Georgia's statutory retaliation protections are limited. O.C.G.A. § 44-7-24 provides some protection against retaliatory eviction for tenants who report code violations, but these protections are narrower than those in many other states. If you believe your landlord is retaliating against you for exercising a legal right, document all communications in writing and consult a legal aid attorney.
Prohibition on Self-Help Eviction (O.C.G.A. § 44-7-14.1): Georgia law prohibits landlords from engaging in self-help eviction. A landlord may not lock you out, remove your belongings, shut off utilities, or otherwise force you out of your home without first obtaining a court order through the dispossessory process. Any landlord who does so may be liable to the tenant for damages.
Tenant's Right to Repair and Deduct: Georgia does not have a general statutory right allowing tenants to repair defects and deduct the cost from rent. Tenants should not withhold rent or undertake repairs without legal guidance, as doing so may expose them to eviction proceedings.
Security deposit rules in Buford are governed by the Georgia Security Deposit Act, O.C.G.A. §§ 44-7-30 through 44-7-37. Here is what the law requires:
No Statutory Cap: Georgia law does not limit how much a landlord can charge for a security deposit. The amount is set by the lease agreement.
Escrow or Bond Requirement (O.C.G.A. § 44-7-31): Within 30 days after receiving a security deposit, the landlord must either deposit the funds in an escrow account at a financial institution or post a surety bond, and must notify the tenant in writing of the location of the account or the name of the bonding company. Failure to do so can waive the landlord's right to retain any portion of the deposit.
Move-In Inspection (O.C.G.A. § 44-7-33): Before a tenant moves in, the landlord must give the tenant a written list of existing damages. The tenant has the right to inspect and note disagreements. This checklist is critical evidence if there is a dispute at move-out.
Return Deadline (O.C.G.A. § 44-7-34): After the tenancy ends, the landlord has 30 days to return the deposit along with a written itemized statement of any amounts withheld. If the property is sold during the tenancy, the deadline shortens to 3 days. Deductions are only permitted for unpaid rent and documented damages beyond normal wear and tear.
Penalty for Non-Compliance (O.C.G.A. § 44-7-35): If a landlord fails to return the deposit and itemized statement within the required period, or wrongfully withholds any portion, the tenant may sue and recover the full security deposit amount plus any actual damages, plus court costs and attorney's fees if the landlord acted in bad faith.
Evictions in Buford follow Georgia's dispossessory process, governed by O.C.G.A. §§ 44-7-50 through 44-7-59. Landlords must follow each step exactly — skipping any step can invalidate the eviction.
Step 1 — Notice to Vacate or Pay: Before filing in court, the landlord must demand possession of the property. For nonpayment of rent, the landlord can issue an immediate demand. For lease violations or a month-to-month tenancy without cause, the landlord must give 60 days written notice under O.C.G.A. § 44-7-7, unless the lease provides a different period.
Step 2 — Filing the Dispossessory Affidavit (O.C.G.A. § 44-7-50): If the tenant does not vacate or pay after the demand, the landlord files a dispossessory affidavit with the Magistrate Court of Gwinnett County. The court then issues a summons to the tenant.
Step 3 — Tenant's Answer (O.C.G.A. § 44-7-53): The tenant has 7 days from being served with the summons to file a written answer with the court. If the tenant fails to answer, the court may issue a default judgment in the landlord's favor. Tenants should always file an answer, even if they are not sure how to respond — legal aid organizations can help.
Step 4 — Hearing: If the tenant files an answer, the court schedules a hearing. Both parties may present evidence. Tenants disputing the eviction should bring lease documents, payment receipts, photographs, and written communications.
Step 5 — Writ of Possession (O.C.G.A. § 44-7-55): If the court rules in favor of the landlord, a writ of possession is issued. Only a county marshal or sheriff — not the landlord — may enforce the writ and remove the tenant and their belongings.
Self-Help Eviction is Illegal (O.C.G.A. § 44-7-14.1): A landlord may never lock out a tenant, remove doors or windows, shut off utilities, or remove the tenant's personal property to force them to leave. Such actions constitute illegal self-help eviction and expose the landlord to civil liability. If your landlord does any of these things, contact local law enforcement and a legal aid organization immediately.
No Just-Cause Requirement: Georgia law does not require a landlord to have just cause to evict a tenant after a fixed-term lease expires or to decline to renew a month-to-month tenancy. The landlord need only give proper notice.
This article is provided for informational purposes only and does not constitute legal advice. Tenant rights laws can change, and the application of any law depends on the specific facts of your situation. If you are facing eviction, a security deposit dispute, or any other housing legal matter, you should consult a licensed Georgia attorney or contact a qualified legal aid organization. RentCheckMe makes no warranty as to the accuracy or completeness of this information, and is not responsible for any actions taken in reliance on it.
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