SB 414: "Fair Business Practices Act of 1975"; transparency and fairness with respect to rent pricing for residential properties; encourage

Georgia's Fair Business Practices Act of 1975 (O.C.G.A. § 10-1-393) already lists specific practices that count as unfair or deceptive in consumer transactions. This bill adds a new prohibited practice: landlords failing to disclose the total rental price of a residential property or charging hidden fees. The bill creates a new Code section (10-1-393.22) defining key terms like 'total rental price,' 'hidden fees,' and 'clearly and conspicuously.' It requires landlords to disclose the full total rental price, including mandatory and government fees, before signing a lease or accepting payment. It bans fees that are excessive, for services not performed, for services the landlord must legally provide anyway, tied to forced use of a preferred vendor, or not written into the lease. Landlords can still pursue remedies for lease violations if those remedies are spelled out in the agreement and not excessive. The law would take effect as soon as the Governor signs it and would apply to rental agreements, renewals, and extensions made afterward.

• Adds landlord failure to disclose total rental price or landlord use of hidden fees to the list of unlawful unfair or deceptive practices under the Fair Business Practices Act (O.C.G.A. § 10-1-393).
• Creates a new Code section 10-1-393.22 that requires landlords to clearly and conspicuously disclose the total rental price before a consumer signs a lease or pays money.
• Defines 'hidden fees' to include excessive charges, fees for services not performed, fees for services the landlord is already legally required to provide, and fees not written into the lease.
• Bans landlords from charging or imposing any hidden fee in connection with renting residential property, including hotels, inns, and short-term vacation rentals.
• Preserves a landlord's ability to enforce lease remedies for tenant violations, as long as those remedies are spelled out in the rental agreement and not excessive.
• Applies to rental agreements, and their renewals, modifications, or extensions, entered into on or after the bill's effective date.

Landlords and property managers who rent residential property in Georgia, including hotels, inns, and short-term or vacation rental operators, along with tenants and other consumers who sign rental agreements. The Georgia Attorney General's office, which enforces the Fair Business Practices Act, would also be affected.

Tenants would be entitled to see the true total cost of renting before committing to a lease or paying money, and could not be charged surprise or excessive fees not written into their lease. Landlords would need to review pricing disclosures and fee structures to avoid being found in violation of Georgia's consumer protection law.

• Section 1 amends O.C.G.A. § 10-1-393(b) to add a new paragraph (38) making violations of the new rent pricing rules an unfair or deceptive practice.
• Section 2 creates new Code Section 10-1-393.22 with definitions including 'hidden fees,' 'total rental price,' 'mandatory fee,' and 'residential property' (which covers hotels and short-term rentals).
• Section 2(b) makes it unlawful for a landlord to enter a rental agreement or accept payment before disclosing the total rental price, or to charge any hidden fee.
• Section 2(c) clarifies landlords may still enforce lease remedies for tenant defaults if those remedies are stated in the agreement and not excessive.
• Section 3 sets the effective date as the date the Governor signs the bill (or it becomes law without signature), applying it to rental agreements, renewals, modifications, or extensions made on or after that date.
• Section 4 repeals any conflicting laws.

1. 2026-01-27Senate Read and Referred (Senado)
2. 2026-01-16Senate Hopper (Senado)

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

• rental housing
• landlord tenant law
• consumer protection
• hidden fees
• rent pricing transparency