Roswell renters are governed by Georgia's statewide landlord-tenant law under O.C.G.A. Title 44, Chapter 7. Georgia provides fewer statutory tenant protections than most states — there is no implied warranty of habitability and retaliation protections are limited. Roswell has no local rent control or additional tenant ordinances. Knowing your rights under state law is essential before entering any rental dispute.
Georgia has no rent control law, and no city in the state has enacted one. Landlords in Roswell may raise rent by any amount at lease renewal or with proper notice on a month-to-month tenancy. There are no rent increase limits under state or Fulton County law.
Georgia law provides these key protections for Roswell renters:
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.
Under O.C.G.A. § 44-7-34, your landlord has 30 days after you vacate (or 3 days if the property is sold) to return your security deposit with a written itemized statement. Failure to comply can expose the landlord to liability for the full deposit plus additional damages. Document the unit's condition with photos at move-in and move-out, and provide your forwarding address in writing.
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.
To evict a tenant in Roswell, a landlord must first make a written demand to vacate, then file a dispossessory warrant in Fulton County Magistrate Court if you remain. You have the right to contest the eviction in court. Landlords cannot lock you out, remove your belongings, or shut off utilities to force you out without a court order under O.C.G.A. § 44-7-50.
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 Roswell and is not legal advice. Laws change — verify current rules with a local attorney or tenant organization.
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