Georgia's Landlord and Tenant chapter has no late-fee statute and no cap on late-rent charges. A late fee is enforceable only if the written lease provides for it; if the lease is silent, none may be charged. Courts may refuse to enforce a fee that is a punitive penalty rather than reasonable damages.
Georgia (O.C.G.A. Title 44, Ch. 7) sets no statutory maximum, percentage limit, or grace period for residential rent late fees, and contains no dedicated late-fee provision. A late fee is therefore a creature of contract: enforceable only when written into the lease, and absent such a term the landlord cannot charge one. Under general Georgia contract law, a charge that operates as a penalty rather than as liquidated damages reasonably related to the landlord's actual loss may be unenforceable. Any grace period exists only if the lease grants one. Separately, Georgia caps the fee on a dishonored check at $30 or 5% of the check amount, whichever is greater.
No specific statutory penalty. A late fee not stated in the lease is unenforceable, and a fee a court finds to be a punitive penalty rather than a reasonable estimate of damages may be reduced or voided.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Marietta, GA
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