Let's say you're looking for an apartment in Atlanta that costs $2,000 a month. Before July 2024, there was no legal basis to stop landlords from asking for a deposit of three months' rent, or $6,000.

Now, it's different. Under the same conditions, the deposit cannot exceed $4,000.

This change is based on HB 404, known as the Safe at Home Act, which was passed by the Georgia legislature. Governor Kemp signed it in April 2024, and it took effect on July 1, 2024.

More than a year has passed since it was enacted, but many people are still unaware of it. Especially those who have just moved from Korea and are looking for their first rental often pay the amount the landlord demands without question.

First, it's important to clarify that this law is not an Atlanta city ordinance but a Georgia state law.

Therefore, it applies equally whether you live in Gwinnett, Fulton, DeKalb, or Cobb. The same goes for neighborhoods with a large Korean population, like Duluth or Suwanee.

The key sentence in the law is simple. Landlords cannot demand or receive a deposit that exceeds the amount of two months' rent.

However, there are conditions for its application. It only applies to new or renewed lease agreements made after July 1, 2024.

If you signed a contract before that date and have not yet renewed it, this cap may not apply immediately. However, since most apartment leases are for one year, you can assume that almost all are now under the new law.

In the past, it was not uncommon for landlords to demand deposits of three or four months' rent due to a lack of credit scores or rental history in the U.S. This was a common experience for many Korean families in the early stages of immigration.

Now, such demands are illegal. There are no exceptions that increase the cap simply because of a lack of credit history.

That said, landlords are not completely restricted from using other measures. They can still require a guarantor or refuse the lease altogether.

Be cautious about fees that are nominally labeled differently. If non-refundable fees effectively serve as a deposit, it could violate the intent of the law.

This aspect is still developing, so it's hard to make definitive statements. If in doubt, it's better to take photos of the amounts listed in the contract and seek advice.

In addition to the deposit cap, the Safe at Home Act includes two other important provisions: habitability and notice before eviction.

The new law mandates that rental properties must be in a condition suitable for human habitation. This means that the property must be maintained in good repair throughout the lease term.

Georgia has long been noted for lacking even such basic provisions. In that sense, while late, it is a meaningful advancement.

There are also shortcomings. The law does not specifically define what constitutes habitability, leaving room for disputes over landlord responsibilities, according to tenant advocacy groups.

The eviction process has also changed. Before filing an eviction lawsuit for non-payment of rent, landlords must send a written notice to pay the overdue amount or vacate the premises within three business days.

If the overdue amount is paid within that period, the landlord cannot sue for that non-payment. Previously, there was no legally mandated grace period, making this a significant change for tenants.

Provisions regarding utility disconnections have also been revised. Air conditioning has been included in the list of public utilities that cannot be disconnected before the eviction process is complete.

If you've experienced a Georgia summer, you'll quickly understand why this provision was included. Losing air conditioning in a home occupied by elderly residents can become a matter of life and death.

Conversely, it's important to note what is not included in this law. Georgia state law prohibits rent control, so there are no regulations limiting the amount by which rent can be increased under this law.

Thus, while the deposit is capped at two months' rent, how much rent will increase upon renewal still depends on market negotiations. Many people mistakenly confuse these two issues.

If I were to sign a lease, I would check three things beforehand: whether the deposit is less than two months' rent, whether the lease was signed or renewed after July 1, 2024, and whether the method for requesting repairs is specified in writing.

Don't forget to document the condition of the property with dated photos and videos when you move in. This will be the most reliable evidence when you seek to get your deposit back later.

The full text of the law can be found by searching for HB 404 on the Georgia General Assembly website, and organizations like Georgia Appleseed have also published guides for tenants. For individual disputes, consulting with an Atlanta legal aid organization or attorney is advisable.

For decades, the Georgia rental market has heavily favored landlords. While this law may not completely shift that balance, I believe it at least establishes a baseline for tenants to rely on.