# ESA Letter in Marietta, GA: Who Owns It, and When You Signed

> Marietta rents at 52.8%, the highest in Cobb. Two questions shape an ESA letter request here: who owns your building, and whether your lease postdates July 2024.

- Source: https://supportanimal.com/blog/georgia-emotional-support-animal/marietta/
- Publisher: Support Animal (supportanimal.com)
- Updated: 2026-08-08
- License note: informational content; not legal or medical advice.

## Key facts

- Population: 63,122
- Households renting: 52.8%
- Typical pet deposit (as a pet): Varies by building
- Typical pet rent (as a pet): Varies by building
- Breed/weight limits common: yes
- Pet fees, deposits, and breed limits with a valid ESA letter: none (FHA reasonable accommodation)

## Start with two questions about your own lease

Before any of Georgia's assistance-animal law reaches a Marietta tenant, two
plainer questions have to be answered. Who owns the place you rent: a company
with a portfolio, or a person with one house? And when did you sign or last
renew?

Those are not throat-clearing. The first decides whether the reasonable
accommodation duty applies to your landlord at all, because Georgia's fair
housing exemptions reach disability. The second decides whether the two-month
security deposit cap exists in your tenancy, because it only reaches leases
entered into or renewed on or after July 1, 2024.

## A Cobb County city where renting is the majority

About 52.8% of Marietta households rent rather than own, on the 2020-2024
American Community Survey five-year estimate. That is the highest share of the
three Cobb County cities among Georgia's twenty largest (Smyrna sits at 40.6%
and Mableton at 35.4%), and it is well clear of the statewide 34.3%.

The practical read: renting here is ordinary, and so is an accommodation
request. A leasing office that claims never to have handled one is telling you
about itself, not about Marietta.

## The regulation your request actually runs on

Georgia rewrote its service dog law on July 1, 2026. HB 668, the Mara Jade Act,
redefined a service dog at O.C.G.A. § 30-4-1(5) as a domestic canine
individually trained to do a job or task, and expressly excluded any dog that
solely provides comfort, companionship, or emotional support, regardless of
the person's disability. Because the housing section of that chapter,
§ 30-4-3, is written in terms of service dogs, an emotional support animal now
gets nothing from Title 30.

That sounds worse than it is, because a housing request never ran there. It
runs on the Georgia Fair Housing Law at O.C.G.A. § 8-3-200 et seq., and
narrows to one provision: Ga. Comp. R. & Regs. r. 186-2-.02(4)(e). Under it, a
housing provider breaks the law by turning down a reasonable accommodation (a
change to a rule, policy, practice or service), that a tenant with a handicap
needs in order to use and enjoy their dwelling unit, and the building's public
and common use areas, as anyone else would. For worked examples the rule sends
the Commission's Administrator to 24 C.F.R. § 100.204(b). HB 668 amended none
of that.

Handicap under r. 186-2-.02(4)(b)14 expressly includes emotional or mental
illness, so a psychiatric condition is inside the definition without argument.

## Whether the duty reaches your landlord at all

Here is where Marietta's mix of owners matters. Ga. Comp. R. & Regs.
r. 186-2-.02(1)(c)3-4 lifts almost the whole rulebook off two kinds of letting:
a single-family dwelling rented by an owner who has an interest in no more than
three at a time and uses no broker, agent or salesperson; and rooms or units in
a building for no more than four families where the owner actually lives in one
of them.

Georgia's exemptions are not confined to the other protected classes the way
some states' are. They reach disability. So a Marietta tenant renting a house
directly from the family that owns it, with no agent involved, may be outside
the accommodation duty entirely, while a neighbour two blocks away in a
managed apartment community is squarely inside it.

Ask who holds title, and whether an agent handled the letting: if one did, the
single-family exemption is gone.

## July 1, 2024, and the line it draws through Marietta leases

The security deposit is the one charge Georgia does cap. O.C.G.A. § 44-7-30.1,
added by House Bill 404, bars a landlord from demanding or receiving a deposit
exceeding two months' rent. Georgia had no limit at all before that.

The catch is the applicability clause. Section 6 of the Act confines it to
residential lease agreements entered into or renewed on or after July 1, 2024.
A settled Marietta tenant who signed years ago and has simply stayed on, never
renewing, is outside the cap, and so is outside the habitability provision at
§ 44-7-13(b) and the three business days' notice to vacate or pay at
§ 44-7-50(c), which carry the same limit. Two households in the same building
can be on opposite sides of that line.

One protection does not depend on the date. Rule 186-2-.02(4)(d)1 forbids
increasing a customarily required security deposit because a tenant has a
handicap, whenever the lease was signed.

## Pet charges, and why the law removes them sideways

Georgia does not regulate pet fees, not the deposit, not the monthly pet rent,
not the weight or breed list. The Department of Community Affairs notes only
that a pet deposit may be refundable within the security deposit or may be a
separate non-refundable fee, depending on the lease.

Nothing in the statute book strikes a Marietta pet charge down directly.
What does the work is the accommodation duty: waiving a charge or a limit is an
exception to a policy, and refusing that exception where it is necessary is the
violation.

The counterweight is r. 186-2-.02(4)(c)4: no landlord must house a direct
threat to the health or safety of others, or a tenancy that would cause
substantial physical damage to the property of others. Georgia has never
legislated that an assistance animal's presence is inherently harmless, so
expect the ordinary individualised assessment: your animal's conduct, not its
breed.

Get any waiver in writing before the first ledger posts, doubly so in an
owner-managed Marietta rental, which may have no written accommodation
procedure to point back to later.

## Moving out, and the split at ten units

Every Georgia landlord, of any size, must return your deposit within 30 days of
the lease ending or your leaving, whichever is later, with written notice of
any damage claimed against it.

Beyond that, Georgia splits landlords by size, and Marietta has both kinds.
Cross ten rental units (a spouse's and a child's holdings count toward the
total), or hand the property to a management agent, and three further duties
attach. The deposit goes into escrow or behind a surety bond. Move-in and
move-out inspections become formal. A wrongful withholding exposes the landlord
to treble damages and attorney fees. A small owner with three houses carries
none of that.

Where the inspection regime does apply, the landlord itemises damage within
three business days of termination and you have five days to inspect. Dispute
anything you disagree with in writing, because an item you leave unchallenged
on the move-out list is effectively conceded.

If a request or a complaint is followed quickly by an eviction filing, a rent
increase or a cut in services, note the timing: O.C.G.A. § 44-7-24 presumes
retaliation where a landlord acts within three months of a protected tenant
action.

## Ask for the right thing, in the right words

The safest wording is also the accurate one. Ask your landlord for a reasonable
accommodation for an assistance animal. Do not call an untrained animal a
service dog on an application, in an email, or to a leasing agent.

Since July 1, 2026, a deliberate false claim that you are qualified to use a
service dog (made to obtain accommodations or secure rights under Chapter 4 of
Title 30) has been an offence under O.C.G.A. § 30-4-4(b): a misdemeanor of a
high and aggravated nature, carrying up to $2,000.00, 30 days, or both. An
honest fair housing request is nowhere near it, because it claims nothing under
that chapter.

Note also that r. 186-2-.02(4)(c)3 bars a landlord from asking an applicant
whether they have a handicap or about its nature or severity, outside four
listed inquiries that must be put to every applicant. That governs screening.
Once you ask for an accommodation, a conversation about your disability-related
need for the animal is a different conversation, and it is allowed.

## No Marietta office, where a complaint goes

Marietta has no verified local civil-rights or fair housing body, and neither
does Cobb County. Atlanta's Human Relations Commission covers housing inside
Atlanta city limits only and is not a route for a Marietta tenant.

Your route is the Fair Housing Division of the Georgia Commission on Equal
Opportunity. Rule 186-2-.03(2)(b) allows a complaint up to one year after the
practice occurred or terminated; the Administrator must open an investigation
within 30 days and aims to finish within 100. Within 20 days of a charge,
either side may elect a civil action instead, after which the Attorney General
brings the case in Superior Court. Separately, O.C.G.A. § 8-3-217 gives you two
years to sue, excluding any time an administrative proceeding was pending.

For free civil legal help, Cobb County falls to Atlanta Legal Aid Society,
which serves Fulton, Clayton, Cobb, DeKalb and Gwinnett. The boundary is firm
in both directions: Georgia Legal Services Program, which covers the rest of
the state, says in terms that it does not represent people living in Cobb.

## What Marietta landlords can and cannot do

**Cannot:**
- Cannot refuse to make reasonable accommodations in rules, policies, practices, or services where necessary to afford a person with a handicap equal opportunity to use and enjoy a dwelling unit, including public and common use areas, under Ga. Comp. R. & Regs. r. 186-2-.02(4)(e)
- Cannot apply a no-pets rule to an approved assistance animal, waiving one being the worked example the Georgia Department of Community Affairs gives of a reasonable accommodation
- Cannot ask an applicant whether they have a handicap, or ask about its nature or severity, outside the four inquiries listed at Ga. Comp. R. & Regs. r. 186-2-.02(4)(c)3 and only where those are put to every applicant
- Cannot increase a customarily required security deposit because a tenant has a handicap, under Ga. Comp. R. & Regs. r. 186-2-.02(4)(d)1
- Cannot demand or receive a security deposit exceeding two months' rent on any lease entered into or renewed on or after July 1, 2024, under O.C.G.A. § 44-7-30.1
- Cannot impose different terms, conditions or privileges of rental, or deny services or facilities in connection with a dwelling, because of handicap, under Ga. Comp. R. & Regs. r. 186-2-.02(4)(c)2
- Cannot keep any part of a deposit without returning it within 30 days of the lease ending or the tenant leaving, whichever is later, together with written notice of the damage claimed
- Cannot retaliate for a repair request, a tenant organisation, a good faith code complaint or an attempt to enforce a lease right, with retaliation presumed if the landlord acts within three months under O.C.G.A. § 44-7-24
- Cannot rely on O.C.G.A. § 30-4-3 to refuse an emotional support animal, because that section governs task-trained service dogs and says nothing about what fair housing law requires

**Can:**
- May decline where the specific animal's tenancy would be a direct threat to the health or safety of others or would result in substantial physical damage to the property of others, under Ga. Comp. R. & Regs. r. 186-2-.02(4)(c)4
- May ask for information establishing the disability and the disability-related need for the animal where neither is obvious, the accommodation analysis being the one Georgia's regulator imports from 24 C.F.R. § 100.204(b)
- May hold the tenant liable for damage the animal actually causes, and may deduct it from the deposit with the itemisation the deposit rules require
- May be outside the duty altogether if the letting is an owner-occupied building of no more than four units, or a single-family dwelling let without a broker by an owner who has an interest in no more than three, under Ga. Comp. R. & Regs. r. 186-2-.02(1)(c)3-4
- May be required to hold the deposit in escrow or post a bond, to run formal move-in and move-out inspections, and to face treble damages for wrongful withholding, but only where the landlord owns more than ten rental units or uses a management agent

## How to get an ESA letter in Marietta

1. **Check that you qualify**, Answer a short screening about how your condition affects daily life in Marietta. No diagnosis paperwork needed up front. (About 5 minutes: free)
2. **Connect with a licensed professional**, You are matched with a provider licensed for Georgia clients who reviews your situation in a telehealth evaluation. (Telehealth evaluation)
3. **Complete your evaluation**, The professional evaluates whether an emotional support animal alleviates symptoms of a condition recognized in the DSM-5. Honest evaluations, not everyone qualifies. (Most of Our Applicants Qualify)
4. **Receive your signed letter**, Your letter arrives on the professional's letterhead with their license number: the documentation Georgia landlords may lawfully request. (Typically within days of approval)
5. **Send it to your landlord**, Submit the letter with a short reasonable-accommodation request. Pet fees, pet deposits, and breed limits no longer apply to your animal in Marietta. (Protection under FHA + state law)

## Conditions that can qualify for an ESA

No fixed government list exists. A licensed professional evaluates whether an animal alleviates symptoms of a DSM-5-recognized condition, commonly:

- Generalized anxiety disorder
- Major depressive disorder
- Post-traumatic stress disorder (PTSD)
- Panic disorder
- Social anxiety disorder
- Obsessive-compulsive disorder (OCD)
- Bipolar disorder
- Attention-deficit/hyperactivity disorder (ADHD)
- Phobias with housing impact
- Chronic stress affecting daily function

## Housing help in Marietta

- [Georgia Commission on Equal Opportunity, Fair Housing Division](https://gceo.georgia.gov/fair-housing-division) (state agency)
- [Atlanta Legal Aid Society](https://atlantalegalaid.org/) (legal aid)
- [Georgia Landlord-Tenant Handbook](https://dca.georgia.gov/document/manuals/georgia-landlord-tenant-handbook/download) (state guide)

## Frequently asked questions

### Is there a fair housing office in Marietta I can complain to?

No. Marietta has no verified local civil-rights or fair housing body, and neither does Cobb County, so your route is the Fair Housing Division of the Georgia Commission on Equal Opportunity. Ga. Comp. R. & Regs. r. 186-2-.03(2)(b) gives you one year from when the practice occurred or terminated. Atlanta's Human Relations Commission reaches only housing inside Atlanta city limits and cannot take a Marietta case.

### Does the two-month security deposit cap apply to my Marietta lease?

Only if your lease was entered into or renewed on or after July 1, 2024. O.C.G.A. § 44-7-30.1 bars a landlord from demanding or receiving a deposit above two months' rent, but section 6 of House Bill 404 limits the Act to leases from that date forward. A long-running Marietta tenancy that has never been renewed since then sits outside the cap entirely, so check your signature date first.

### I rent a house from the owner, not a company. Do these rules apply?

Possibly not, and Georgia is unusually weak here. Two exemptions in Ga. Comp. R. & Regs. r. 186-2-.02(1)(c)3-4 do the damage: one covers an owner-occupied building of four units or fewer; the other covers a single-family home whose owner holds an interest in no more than three and lets it without a broker, agent or salesperson. Both reach disability, not only the other protected classes. Ask who owns the property and whether an agent handled the letting before you plan a complaint.

### Why does my landlord's size matter when I move out of a Marietta unit?

Because Georgia splits deposit duties at ten units. Every landlord must return your deposit within 30 days of the lease ending or your leaving, whichever is later, with written notice of any damage claimed. But holding the money in escrow or posting a bond, running formal move-in and move-out inspections, and facing treble damages plus attorney fees bind only landlords owning more than ten rental units or using a management agent.

### Where do Marietta tenants get free legal help with a housing problem?

Atlanta Legal Aid Society, which serves Fulton, Clayton, Cobb, DeKalb and Gwinnett counties, so Marietta is inside its area. The county line matters: Georgia Legal Services Program covers the 154 counties outside metro Atlanta and states expressly that it does not represent people living in Cobb. Both are free civil legal aid providers for low-income Georgians, and neither publishes which case types it accepts.

### Can my apartment community refuse my ESA because of its breed or weight?

Not on the label alone. Waiving a breed or weight limit is an exception to a policy, which is what Ga. Comp. R. & Regs. r. 186-2-.02(4)(e) requires where the exception is necessary. The limit sits at r. 186-2-.02(4)(c)4: a direct threat to health or safety, or substantial physical damage to property. Georgia has not legislated that presence alone can never be a threat, so expect a look at your animal's actual conduct.

### Should I call my emotional support animal a service dog on the application?

No, and since July 1, 2026 there is a criminal reason not to. HB 668 rewrote O.C.G.A. § 30-4-1(5) so a service dog must be task-trained, excluding an animal that solely provides comfort or emotional support. O.C.G.A. § 30-4-4(b) then punishes deliberately misrepresenting yourself as qualified to use one to secure rights under that chapter. Ask a Marietta leasing office for a reasonable accommodation for an assistance animal instead.

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Get evaluated by a licensed provider: https://my.supportanimal.com/qualify?sa_source=blog&sa_medium=blog&sa_campaign=esa-guides&sa_content=markdown&ref=blog&sa_term=georgia-emotional-support-animal%2Fmarietta