25 LC 60 0083
Senate Bill 251
By: Senators Jackson of the 41st and Goodman of the 8th
A BILL TO BE ENTITLED
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia
1
Annotated, relating to the "Fair Business Practices Act of 1975," so as to encourage2
transparency and fairness with respect to rent pricing for residential properties; to prohibit3
landlords from failing to disclose the total rental price of any residential property and4
charging deceptive fees for any residential property; to provide for definitions; to provide for5
statutory construction; to provide for related matters; to provide for an effective date and6
applicability; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,10
relating to the "Fair Business Practices Act of 1975," is amended in subsection (b) of Code11
Section 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful12
and examples, by striking "and" at the end of paragraph (34), replacing the period at the end13
of paragraph (35) with "; and", and adding a new paragraph to read as follows:14
"(36) Failure to comply with the provisions of Code Section 10-1-393.20 regarding rent
15
pricing for residential properties."16
S. B. 251
- 1 - 25 LC 60 0083
SECTION 2.
17
Said part is further amended by adding a new Code section to read as follows:18
"10-1-393.20.
19
(a) As used in this Code section, the term:20
(1) 'Clearly and conspicuously' means a disclosure that is easily noticeable and easily21
understandable by an ordinary consumer and displays any total rental price more22
prominently than any other pricing information.23
(2) 'Deceptive fees' means any fee for residential property, other than the cost to rent the24
residential property, including any fee:25
(A) That is reasonably avoidable or excessive;26
(B) Charged for any service not actually used nor received;27
(C) Related to providing any service the landlord is legally required to provide under28
federal, state, or local law, or any rental agreement;29
(D) That restricts competition, including, but not limited to, a fee charged for failing30
to use a landlord's preferred vendor or service provider;31
(E) That is not expressly provided for in the rental agreement; or32
(F) That is designated as a deceptive fee with respect to residential properties by the33
Attorney General.34
(3) 'Excessive' means greater than the actual cost of a good or service.35
(4) 'Governmental fee' means any tax or other fee imposed by any federal, state, or local36
government entity, or by any tribal entity.37
(5) 'Mandatory fee' means any additional fee or surcharge which a consumer is required38
to pay for any ancillary services or otherwise as part of renting any residential property.39
(6) 'Rent' means to lease, sublease, let, or accept a grant for consideration of the right to40
possess and enjoy the use of any residential property either for a fixed time or at the will41
of the landlord.42
S. B. 251
- 2 - 25 LC 60 0083
(7) 'Rental agreement' means any lease, rental, or other written agreement entered into43
by a landlord and a consumer in order to rent any residential property.44
(8) 'Rental price' means any pricing information relating to an amount a consumer must45
pay in order to rent any residential property.46
(9) 'Residential property' means any building, structure, or portion thereof which is47
occupied as, or designed or intended for occupancy as, a residence. Such term includes48
hotels, inns, vacation rentals, or other short-term rental properties.49
(10) 'Total rental price' means the total of all fees or charges a consumer must pay in50
order to rent any residential property, including, but not limited to, any mandatory fees51
or governmental fees.52
(b) Without otherwise limiting the definition of unfair or deceptive acts or practices under53
this part, it shall be unlawful for any landlord to:54
(1) Offer, display, or advertise any rental price of any residential property without clearly55
and conspicuously disclosing the total rental price;56
(2) Enter into any rental agreement with, or accept payment from, a consumer before57
disclosing clearly and conspicuously to such consumer the total rental price for such58
residential property; or59
(3) Charge or otherwise impose on a consumer any deceptive fee in connection with60
renting any residential property.61
(c) Nothing in this Code section shall be construed to prohibit any landlord from pursuing62
remedies for any default under, early termination of, or other violation of a rental63
agreement; provided, however, that such remedies are expressly provided for in the rental64
agreement and any damages provided for are not excessive."65
SECTION 3.66
(a) This Act shall become effective upon its approval by the Governor or upon its becoming67
law without such approval.68
S. B. 251
- 3 - 25 LC 60 0083
(b) This Act shall apply to all rental agreements entered into on or after the effective date
69
of this Act, and to any renewal, modification, or extension of such agreements entered into70
on or after such effective date.71
SECTION 4.72
All laws and parts of laws in conflict with this Act are repealed.73
S. B. 251
- 4 -