SB 251: "Fair Business Practices Act of 1975,"; rent pricing for residential properties; encourage transparency and fairness

Georgia's Fair Business Practices Act of 1975 (O.C.G.A. § 10-1-393) lists practices considered unfair or deceptive in consumer transactions. This bill adds rent pricing to that list. It creates a new Code section, O.C.G.A. § 10-1-393.20, that defines terms like 'total rental price,' 'deceptive fees,' and 'mandatory fee,' and then makes it illegal for a landlord to advertise a rental price without clearly showing the total price, to sign a lease or take payment before disclosing the total price, or to charge deceptive fees. Deceptive fees are defined broadly to include fees that are avoidable or excessive, fees for services never used, fees for things the landlord already must legally provide, fees that block competition (like requiring a specific vendor), or fees not written into the lease. The bill allows landlords to still collect damages for lease violations if those remedies are spelled out in the lease and are not excessive. The law would take effect as soon as the Governor signs it, and would apply to rental agreements signed, renewed, or extended after that date.

• Adds a failure to disclose total rental price or charging deceptive fees as a new violation under Georgia's Fair Business Practices Act (O.C.G.A. § 10-1-393).
• Creates a new Code section, O.C.G.A. § 10-1-393.20, defining terms such as 'total rental price,' 'deceptive fees,' 'mandatory fee,' and 'residential property,' which explicitly includes hotels and short-term rentals.
• Bans landlords from advertising a rental price without clearly showing the full total price a renter must pay.
• Bans landlords from signing a lease or accepting payment before disclosing the total rental price to the tenant.
• Bans landlords from charging fees that are avoidable, excessive, for unused services, for legally required services, or not written into the lease.
• Preserves a landlord's right to collect damages for lease violations if those remedies are clearly stated in the lease and not excessive.

Landlords and property managers renting residential properties in Georgia, including hotels, inns, vacation rentals, and short-term rentals, along with tenants and other renters who would gain new pricing disclosure protections under the state's consumer protection law.

Renters would have a clearer view of the full cost of housing before signing a lease, including fees that are sometimes added later. Landlords would need to review and possibly rewrite fee structures and lease language to make sure all charges are disclosed upfront and tied to actual costs.

• Section 1 adds a new paragraph (36) to O.C.G.A. § 10-1-393(b), making violation of the new rent pricing rules an unfair or deceptive practice under state consumer law.
• Section 2 creates O.C.G.A. § 10-1-393.20, defining key terms including 'deceptive fees,' 'total rental price,' and 'residential property' (which covers hotels and short-term rentals).
• Section 2(b) prohibits advertising a rental price without clearly disclosing the total rental price, signing a lease or taking payment before disclosure, and charging deceptive fees.
• Section 2(c) allows landlords to still pursue damages for lease violations if those remedies are expressly written into the rental agreement and not excessive.
• Section 3 makes the law effective immediately upon the Governor's signature and applies it to rental agreements signed, renewed, or extended after that date.

1. 2025-02-26Senate Read and Referred (Senado)
2. 2025-02-25Senate Hopper (Senado)

• Kim Jackson (D, SD-041)Patrocinador principal
• Russ Goodman (R, SD-008)

• rent pricing
• landlord tenant law
• consumer protection
• housing fees
• rental disclosures