Rental disputes in Georgia rarely reach court, but when they do, the winner is whoever holds the contract, the handover act and the photos. Here without generalities: how to legally evict a non-paying tenant, what to do about property damage and a withheld deposit, and what rights each side has in typical conflicts.
- Eviction is only possible through court. Self-help (changing locks, throwing out belongings, cutting the power) is illegal. Police do not evict without a court decision.
- Procedure with a non-payer: written warning → termination → court claim → judgment → National Enforcement Bureau. Grounds for early termination — arrears, usually around 3 months.
- The deposit cannot be withheld for natural wear — only for actual damage and debts. It is usually ~1 month ($200–300).
- The main protection for both sides — a written contract, a handover act with an inventory, and photos at move-in.
Legal framework
Relations are governed by the Civil Code of Georgia: articles 531–575 (residential lease) and 581–606 (property lease). The Code protects both sides but surrounds eviction with a strict procedure.
Following legislative changes, police can no longer evict from a dwelling without a court decision. Any "self-help eviction" — changing locks, removing belongings, cutting off water or power — is arbitrary action for which the owner is now liable.
The contract is your main protection
Notarization is not required — a contract with simple signatures, and even an oral agreement, is legally valid. But it is the written contract with detail that decides a dispute in your favor. Be sure to spell out:
- Rent and deposit amounts, payment procedure and timing, what the deposit covers and when it is returned.
- Utilities — who pays for what.
- Termination terms and notice period (e.g. 30 days).
- Responsibility for repairs and damage; penalties for late payment.
The handover act with an inventory of furniture/appliances and photo or video record of the condition on move-in day is the most underrated document. It protects the tenant from accusations of non-existent damage and the landlord in case of real damage. A notarized contract isn't required, but it speeds up proceedings — you won't have to prove authenticity.
Tenant not paying: how to evict
You can't throw a tenant out "tomorrow" — the law requires a procedure. But with the right steps the court can even issue a default judgment (if the defendant fails to appear).
- Written warning. Formally (ideally with proof of delivery) demand that the debt be paid or the dwelling vacated within a reasonable period. This is a mandatory step.
- Termination. If the demand isn't met, you terminate the contract. Grounds for early termination by the landlord — systematic arrears (usually around 3 months; the contract may set stricter terms).
- Court claim for eviction and debt recovery. In a single case you can claim: unpaid rent, utilities, penalties and compensation for damage.
- Enforcement. With the judgment and a writ of execution you go to the National Enforcement Bureau — forced eviction and recovery are carried out by it, not by the owner personally.
The process can take months. That is why the deposit (it covers the first missed payment), a clear contract and a quick reaction are key: don't wait half a year of non-payment — start with a written warning at the first serious arrears.
Property damage vs natural wear
The law distinguishes natural wear (the owner's responsibility) from damage through the tenant's fault (the tenant's responsibility). Faded wallpaper and a worn floor after years of living are wear; broken appliances, damaged furniture, holes in walls, flood marks caused by the tenant are damage.
| Situation | Who pays |
|---|---|
| Natural wear (paint, minor scratches, appliance ageing) | owner |
| Breakage/damage through the tenant's fault | tenant |
| Breakage not through the tenant's fault (hidden defect, building failure) | owner |
| Damage to neighbors from a leak caused by the tenant | tenant (see the insurance article) |
A damage dispute almost always comes down to "how was it at move-in?". Whoever has the act and photos wins. A home and civil-liability insurance policy removes part of the risk — especially when renting out.
The deposit: deductions and non-return
The deposit is security against debts and damage, usually one month's rent (about $200–300). The law sets no strict cap — what matters is defined by the contract.
The deposit may be used for: rent and utility arrears, the cost of fixing tenant-caused damage, and penalties agreed in the contract. It may not be withheld for natural wear or "just in case".
Landlord not returning the deposit? Send a written demand with a breakdown and a reference to the handover act. If the refusal is unfounded, this is a monetary dispute recovered through court (and then the National Enforcement Bureau). Without a move-in act and photos it is extremely hard to prove "the flat was fine" — which is exactly why they are drawn up in advance.
Conflict scenarios
From the tenant's side:
| Situation | What the landlord does |
|---|---|
| Stopped paying | Written warning → termination → court → enforcement bureau. The deposit covers the first month of debt. |
| Damaged property | Deduct from the deposit per the act; if damage exceeds the deposit, recover the difference through court. Rely on the handover act and photos. |
| Won't move out after the contract ends | The right to use has ended — but eviction is still through court and the enforcement bureau, not by force. |
| Sublet without consent | A breach — grounds for termination; prohibit subletting in advance. |
| Left utility debts | Recovered together with rent; that's why meter readings go in the move-in and move-out act. |
From the landlord's side:
| Situation | What the tenant does |
|---|---|
| Changed the locks / threw out belongings / cut the power | This is arbitrary action. Record it (photos, witnesses), go to police and court — such eviction is illegal. |
| Won't return the deposit | Written demand → court as a monetary dispute. Rely on the move-in act and photos. |
| Enters the flat without notice | The owner may inspect the condition, but by prior arrangement, not at any moment. |
| Raises the rent mid-term | Only if expressly provided in the contract; otherwise the price is fixed for the term. |
| Terminates early and evicts | Termination must follow the grounds and timing in the contract; a return of double the deposit if the owner breaches is often written in. |
Where to turn
- Court — for eviction, recovery of debt and damage, deposit disputes (a default judgment is possible).
- National Enforcement Bureau — enforces the court judgment (eviction, recovery).
- Police — in case of arbitrary action (illegal eviction, removing belongings, cutting utilities).
- Lawyer / mediation — at the negotiation stage: often cheaper and faster to settle than to litigate for months.
Most conflicts never reach court if from the start there is a contract, a handover act and photos, and the parties react to a problem at once. To find a place and gauge the market by district — in property search and the district pulse section; on tax when renting out — in the renting-out article.