Lilburn is a city in Gwinnett County, located in the northeastern Atlanta metropolitan area. Renters in Lilburn are protected primarily by Georgia's landlord-tenant statutes (O.C.G.A. Title 44, Chapter 7), which govern security deposits, lease termination, and the dispossessory eviction process.
Georgia provides minimal statutory tenant protections compared to many states — there is no statewide implied warranty of habitability for most rental units, and the legislature has not enacted rent control. Lilburn has not adopted any additional local landlord-tenant ordinances, so your rights as a renter are defined entirely at the state level.
Despite the relatively limited statutory framework, key protections do exist: landlords must return deposits with an itemized statement within 30 days, must follow the court dispossessory process before removing a tenant, and cannot lock you out or remove your belongings without a court order. This guide is for general informational purposes only and is not legal advice. Contact Atlanta Legal Aid Society (atlantalegalaid.org) or Georgia Legal Services Program (glsp.org) for help with specific situations.
Lilburn has no rent control. Georgia state law does not explicitly preempt rent control, but no city or county in Georgia has ever enacted a rent stabilization ordinance — and Georgia's political and legal environment makes adoption unlikely. Gwinnett County and Lilburn have no rent regulations of any kind.
There are no limits on how much a landlord may raise your rent, and no requirement that a landlord justify the size of an increase. For month-to-month tenants, the landlord must provide at least 60 days' written notice before terminating the tenancy — unless your lease specifies a different notice period (O.C.G.A. § 44-7-7). If you are on a fixed-term lease, your rent cannot be raised until the lease expires.
Georgia's landlord-tenant statutes provide the following key protections for Lilburn renters:
Security Deposit Return: Your landlord must return your deposit within 30 days of move-out (or within 3 days if the rental property is sold), along with a written itemized statement of any deductions. Failing to return the deposit within the required time can make the landlord liable for the full deposit amount plus damages (O.C.G.A. § 44-7-34).
Habitability: Georgia has no statutory implied warranty of habitability for most residential rentals. Landlords who own five or more units are required by statute to keep them in a state of repair. Tenants in smaller buildings must rely primarily on the lease terms and local housing codes enforced by Gwinnett County. Report unsafe conditions to Gwinnett County Code Enforcement.
Retaliation Protection: Georgia has limited statutory retaliation protections. Document all communications with your landlord in writing if you believe retaliation is occurring — this documentation will be important in any court proceeding.
Eviction Procedure: Landlords must follow the formal dispossessory process under O.C.G.A. § 44-7-50. They cannot lock you out, remove your belongings, or shut off utilities without a court order. You have the right to be notified of the court hearing and to appear and present defenses.
Statutory Duty of Habitability (HB 404, effective July 1, 2024): For leases entered into or renewed on or after July 1, 2024, O.C.G.A. § 44-7-13 — as amended by the Safe at Home Act (HB 404) — requires that residential rental units be fit for human habitation, Georgia's first statewide statutory habitability duty. Tenants may additionally rely on their lease terms and local housing codes for repair protections.
Security deposit rules for Lilburn renters are governed by O.C.G.A. §§ 44-7-30 through 44-7-37.
Cap: Georgia law does not set a statutory cap on security deposits. The amount is determined by the lease agreement.
Return Deadline: Your landlord must return your deposit — along with a written itemized statement of deductions — within 30 days of move-out. If the property is sold, the deadline is 3 days. Provide your forwarding address in writing when you vacate.
Allowable Deductions: Deductions are permitted for unpaid rent and physical damage beyond normal wear and tear. Routine wear — minor scuffs, small nail holes, normal carpet wear — cannot be charged against your deposit. Take dated photographs at move-in and move-out.
Penalty for Wrongful Withholding: If your landlord fails to return your deposit or provide an itemized statement within the required deadline, they can be held liable for the full deposit amount plus additional damages (O.C.G.A. § 44-7-34). File your claim in Gwinnett County Magistrate Court for amounts under $15,000.
Security Deposit Cap (HB 404, effective July 1, 2024): For any lease entered into or renewed on or after July 1, 2024, Georgia caps the security deposit at two months' rent under O.C.G.A. § 44-7-30.1, added by the Safe at Home Act (HB 404). Leases entered into before July 1, 2024 are not subject to this cap.
Landlords in Lilburn must follow Georgia's formal dispossessory process. Self-help removal is prohibited under O.C.G.A. § 44-7-50.
Step 1 — Demand for Possession: Before filing in court, the landlord must make a demand for possession — either in person or by posting a written demand on the door. For nonpayment of rent, the landlord may immediately demand possession after rent is past due.
Step 2 — Dispossessory Filing: If you do not vacate after the demand, the landlord files a dispossessory affidavit in Gwinnett County Magistrate Court. You will be served with a summons.
Step 3 — Answer and Hearing: You have 7 days from the date of service to file a written answer with the court. Filing an answer is critical — if you do not answer, the court may grant a default judgment. You have the right to appear at the hearing and present defenses, including habitability violations, retaliation, or improper notice.
Step 4 — Writ of Possession: If the court rules for the landlord, a writ of possession is issued. Only a Gwinnett County Marshal — not the landlord — may execute the writ and remove you from the unit.
Notice to Vacate or Pay (HB 404, effective July 1, 2024): For leases entered into or renewed on or after July 1, 2024, before filing a dispossessory affidavit for nonpayment of rent the landlord must first give the tenant a written notice to vacate or pay and allow at least three full business days to pay all past-due rent, fees, and utilities (O.C.G.A. § 44-7-50(b)-(c)). Leases entered into before July 1, 2024 are not subject to this 3-day cure requirement, where an immediate demand for possession remains permitted.
This article provides general information about tenant rights in Lilburn and is not legal advice. Laws and local ordinances may have changed since publication. For advice about your specific situation, consult a licensed Georgia attorney or contact Atlanta Legal Aid Society.
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