Renting housing or premises: what to do under Georgian law

What to do

1. Deposit: a deposit for renting housing may not exceed 3 times the monthly rent (Civil Code of Georgia, Art. 552). Interest accrues on the deposit paid, and at the end of the tenancy it is returned with interest. Any other agreement to the tenant's detriment is void (same article). Withholding money 'for repairs' is allowed only for damage above the norm: the tenant is not liable for wear from ordinary use under the contract (Civil Code, Art. 547). Each party must prove the circumstances of its own claims; the landlord must prove damage beyond normal wear (Civil Procedure Code, Art. 102). Deadlines: the landlord's claims for deterioration of the housing, and the tenant's claims for reimbursement of expenses, must be brought within 6 months (Civil Code, Art. 573). For the landlord, the period runs from the return of the housing (same article).
2. Termination by the landlord: the notice period for termination is 3 months, unless the contract or the circumstances provide otherwise (Civil Code, Art. 561). A landlord may end a housing tenancy only for a valid reason: a material breach, the housing is needed by the landlord or its relatives, refusal to accept a market rent increase, or unlawful acts (Civil Code, Art. 562). However, a landlord may always terminate the tenancy of a furnished flat, subject to the notice period (same article). If rent is unpaid for 3 months, the landlord may terminate early (Civil Code, Art. 558). Termination of a housing tenancy must be in writing (Civil Code, Art. 563).
3. Eviction is possible only by lawful means. Eviction on a court decision is carried out by the National Bureau of Enforcement (Law on Enforcement Proceedings, Art. 84). Changing locks, removing belongings or cutting off utilities is self-help: exercising even a genuine right in circumvention of the law. It is an administrative offence (Code of Administrative Offences of Georgia, Art. 174). A person deprived of possession by force or deception may demand its return, even from the owner (Civil Code, Art. 160). Call the police and record the incident.
4. Tenant: a tenant may leave early by giving 1 month's notice and proposing a creditworthy, acceptable replacement for the rest of the term (Civil Code, Art. 555). If the housing has defects, the rent is reduced in proportion to the loss of usability (Civil Code, Art. 536). Sale of the rented housing does not end the tenancy: the buyer takes the landlord's place (Civil Code, Art. 572).
5. Where to apply: police (self-help); district (city) court or magistrate court; National Bureau of Enforcement.
6. Evidence: lease agreement, receipts or transfers (deposit and rent), handover act with photos at move-in and move-out, correspondence, termination notices.
7. Pitfalls: moving out without an act and photos of the condition, which leads to a dispute over 'repairs' paid from the deposit; an oral 'move out in a week' without written termination; in a furnished flat, protection against termination is weaker; a tenant that stops paying gives the landlord grounds for early termination.

Be sure to check

• fate of the deposit: cap of 3 times the monthly rent, return with interest, wear and tear
• deadlines and grounds for termination: notice period, valid reasons, non-payment
• self-help eviction is not allowed; only a court and the Bureau of Enforcement can carry out eviction
• evidence: agreement, handover act, photos, correspondence