Georgia 2025-2026 Regular Session

Georgia Senate Bill SB251 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 60 0083
2	2	Senate Bill 251
3	3	By: Senators Jackson of the 41st and Goodman of the 8th
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia
7	7	1
8	8	Annotated, relating to the "Fair Business Practices Act of 1975," so as to encourage2
9	9	transparency and fairness with respect to rent pricing for residential properties; to prohibit3
10	10	landlords from failing to disclose the total rental price of any residential property and4
11	11	charging deceptive fees for any residential property; to provide for definitions; to provide for5
12	12	statutory construction; to provide for related matters; to provide for an effective date and6
13	13	applicability; to repeal conflicting laws; and for other purposes.7
14	14	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
15	15	SECTION 1.9
16	16	Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,10
17	17	relating to the "Fair Business Practices Act of 1975," is amended in subsection (b) of Code11
18	18	Section 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful12
19	19	and examples, by striking "and" at the end of paragraph (34), replacing the period at the end13
20	20	of paragraph (35) with "; and", and adding a new paragraph to read as follows:14
21	21	"(36) Failure to comply with the provisions of Code Section 10-1-393.20 regarding rent
22	22	15
23	23	pricing for residential properties."16
24	24	S. B. 251
25	25	- 1 - 25 LC 60 0083
26	26	SECTION 2.
27	27	17
28	28	Said part is further amended by adding a new Code section to read as follows:18
29	29	"10-1-393.20.
30	30	19
31	31	(a) As used in this Code section, the term:20
32	32	(1) 'Clearly and conspicuously' means a disclosure that is easily noticeable and easily21
33	33	understandable by an ordinary consumer and displays any total rental price more22
34	34	prominently than any other pricing information.23
35	35	(2) 'Deceptive fees' means any fee for residential property, other than the cost to rent the24
36	36	residential property, including any fee:25
37	37	(A) That is reasonably avoidable or excessive;26
38	38	(B) Charged for any service not actually used nor received;27
39	39	(C) Related to providing any service the landlord is legally required to provide under28
40	40	federal, state, or local law, or any rental agreement;29
41	41	(D) That restricts competition, including, but not limited to, a fee charged for failing30
42	42	to use a landlord's preferred vendor or service provider;31
43	43	(E) That is not expressly provided for in the rental agreement; or32
44	44	(F) That is designated as a deceptive fee with respect to residential properties by the33
45	45	Attorney General.34
46	46	(3) 'Excessive' means greater than the actual cost of a good or service.35
47	47	(4) 'Governmental fee' means any tax or other fee imposed by any federal, state, or local36
48	48	government entity, or by any tribal entity.37
49	49	(5) 'Mandatory fee' means any additional fee or surcharge which a consumer is required38
50	50	to pay for any ancillary services or otherwise as part of renting any residential property.39
51	51	(6) 'Rent' means to lease, sublease, let, or accept a grant for consideration of the right to40
52	52	possess and enjoy the use of any residential property either for a fixed time or at the will41
53	53	of the landlord.42
54	54	S. B. 251
55	55	- 2 - 25 LC 60 0083
56	56	(7) 'Rental agreement' means any lease, rental, or other written agreement entered into43
57	57	by a landlord and a consumer in order to rent any residential property.44
58	58	(8) 'Rental price' means any pricing information relating to an amount a consumer must45
59	59	pay in order to rent any residential property.46
60	60	(9) 'Residential property' means any building, structure, or portion thereof which is47
61	61	occupied as, or designed or intended for occupancy as, a residence. Such term includes48
62	62	hotels, inns, vacation rentals, or other short-term rental properties.49
63	63	(10) 'Total rental price' means the total of all fees or charges a consumer must pay in50
64	64	order to rent any residential property, including, but not limited to, any mandatory fees51
65	65	or governmental fees.52
66	66	(b) Without otherwise limiting the definition of unfair or deceptive acts or practices under53
67	67	this part, it shall be unlawful for any landlord to:54
68	68	(1) Offer, display, or advertise any rental price of any residential property without clearly55
69	69	and conspicuously disclosing the total rental price;56
70	70	(2) Enter into any rental agreement with, or accept payment from, a consumer before57
71	71	disclosing clearly and conspicuously to such consumer the total rental price for such58
72	72	residential property; or59
73	73	(3) Charge or otherwise impose on a consumer any deceptive fee in connection with60
74	74	renting any residential property.61
75	75	(c) Nothing in this Code section shall be construed to prohibit any landlord from pursuing62
76	76	remedies for any default under, early termination of, or other violation of a rental63
77	77	agreement; provided, however, that such remedies are expressly provided for in the rental64
78	78	agreement and any damages provided for are not excessive."65
79	79	SECTION 3.66
80	80	(a) This Act shall become effective upon its approval by the Governor or upon its becoming67
81	81	law without such approval.68
82	82	S. B. 251
83	83	- 3 - 25 LC 60 0083
84	84	(b) This Act shall apply to all rental agreements entered into on or after the effective date
85	85	69
86	86	of this Act, and to any renewal, modification, or extension of such agreements entered into70
87	87	on or after such effective date.71
88	88	SECTION 4.72
89	89	All laws and parts of laws in conflict with this Act are repealed.73
90	90	S. B. 251
91	91	- 4 -