- What Is a Georgia Lease Agreement?
- Georgia Landlord‑Tenant Laws (At a Glance)
- Georgia Landlord-Tenant Laws
- Georgia Security Deposit Laws
- Georgia Rent Payment Rules
- Landlord Entry Laws in Georgia
- Georgia Property Repair and Habitability Laws
- Georgia Lease Agreements By Type
- Required Lease Disclosures in Georgia
- Sample Georgia Lease Agreement
What Is a Georgia Lease Agreement?
A Georgia lease agreement is a legally binding agreement between a landlord and a tenant. It explains rental terms such as the rent amount, lease length, security deposit, and repair duties.
This agreement protects both sides by putting the rules in writing. It is backed by Georgia landlord-tenant law (Georgia Code Title 44, Chapter 7). This clearly helps landlords and tenants understand their rights before move-in and lowers the chance of disputes later.
LegalTemplates offers a free Georgia lease agreement template. You can customize the form to follow state law and protect both parties.
Georgia Landlord‑Tenant Laws (At a Glance)
Topic | Rule | Georgia Code |
---|---|---|
Security Deposit | The security deposit is capped at 2 months' rent. If the landlord owns more than 10 units or uses a manager, it must be kept in escrow, and the tenant must be told where it is kept. | GA Code § 44-7-30.1 |
Deposit Return | Must be returned in 30 days with itemized deductions. | GA Code § 44-7-34 |
Move-in Inspection | A checklist of damages is required, and the tenant has 5 days to review and sign. | GA Code § 44-7-33 |
Habitability | Under the Safe at Home Act, landlords must provide housing that is safe and livable. | HB 404 |
Rent Due Date | Rent is due at the start of each rental period, unless the lease says otherwise. | GA Code § 44-7-6 |
Landlord Entry | No notice is required, but 24 hours are recommended except in emergencies. | Georgia Landlord-Tenant Handbook |
Georgia Landlord-Tenant Laws
All residential lease agreements in Georgia must follow state landlord-tenant laws explaining how deposits, disclosures, and repairs must be handled. These rules are outlined in Georgia Code Title 44, Chapter 7, and the Safe at Home Act (HB 404, 2024). Together, they specify:
- How security deposits are collected and returned
- What disclosures landlords must provide
- Legal considerations for landlords, including repair and habitability responsibilities
Georgia Security Deposit Laws
Georgia has clear rules for how landlords must handle security deposits. These laws are meant to protect both landlords and tenants.
- Maximum Amount: A landlord may not ask for more than two months’ rent as a security deposit (GA Code § 44-7-30.1)
- Escrow or Bond Requirement: If the landlord owns more than 10 units or uses a manager, the deposit must be placed in an escrow account or secured with a surety bond. The tenant must be told in writing where the deposit is kept (GA Code § 44-7-31).
- Move-in Inspection: Landlords must give tenants a move-in checklist of damages. Tenants have five business days after moving in to review the list, add notes, and sign it (GA Code § 44-7-33).
- Deposit Return: The deposit must be returned within 30 days of move-out. In case of deductions, the landlord must provide the tenant with a written itemized list of all the deductions (GA Code § 44-7-34).
- Penalties for Non-compliance: If the landlord fails to follow these rules, they may lose the right to keep any deposit. In bad faith cases, the landlord may owe the tenant up to three times the deposit amount, plus legal fees (GA Code § 44-7-35).
Georgia Rent Payment Rules
In Georgia, rent payments follow specific rules that determine when they are due and what happens if they are late.
- Due Date: Rent is due at the beginning of each rental period, unless the lease says otherwise (GA Code § 44-7-6).
- Rent Control: Georgia has no rent control law, so landlords can charge any amount of rent.
- Late Fees and Grade Periods: There is no required grace period in Georgia. Landlords may begin eviction if rent is late, although under the Safe at Home Act (HB 404, 2024), tenants get three business days to catch up on missed rent before a case can be filed in court. While Georgia does not cap late fees, bounced check fees are limited to $30 or 5% of the check’s value, whichever is greater (GA Code § 13-6-15).
- Withholding Rent: Tenants may not withhold rent if the landlord fails to make repairs. Instead, Georgia allows tenants to hire a professional and deduct the repair cost from the next rent payment if the landlord does not act within a reasonable time.
Landlord Entry Laws in Georgia
- Notice Requirements: Georgia law does not require landlords to give notice before entering a rental unit. However, the Georgia Landlord-Tenant Handbook recommends giving tenants a reasonable notice, such as 24 hours, before entering for non-emergency reasons.
- Keys, Locks, and Security: State law does not set rules for keys, locks, or security measures. These details should be addressed in the lease agreement.
Georgia Property Repair and Habitability Laws
- Landlord’s Responsibilities: Under Georgia Law, landlords must keep rental homes safe and habitable and ensure that the property has basic services like water, heating, and electricity (GA Code § 44-7-13). According the the Safe at Home Act (HB 404, 2024), it is a legal requirement to ensure that all rental properties are fit for human habitation.
- Tenant Responsibilities: Tenants must keep the rental reasonably clean, make minor repairs such as changing light bulbs, and follow lease terms.
- Abandonment: If tenants move out early, they are still responsible for paying rent, since landlords in Georgia are not required to re-rent the unit. However, the tenant may end a lease without penalty in exceptional cases, such as receiving military orders or having a court-issued protective order (GA Code § 44-7-22, GA Code § 44-7-23)
Georgia Lease Agreements By Type
Georgia lease agreements come in different formats to fit specific rental situations. The six types below cover common arrangements for residential and commercial properties. You can customize each form to stay compliant with Georgia law.
Georgia Standard Lease Agreement
Enables landlords to legally bind a tenant when renting their residential property.
Georgia Month-to-Month Rental Agreement
Automatically renews each month and provides the option for either party to terminate with a specified notice period.
Georgia Commercial Lease Agreement
Outlines the terms and conditions of renting commercial property.
Georgia Room Rental Agreement
Details the rules and responsibilities for individuals sharing a living space.
Georgia Sublease Agreement
Ensures the tenant remains responsible for the lease with the landlord while assuming the role of the sublandlord.
Georgia Rent-to-Own Lease Agreement
Allows tenants to carefully consider their homeownership goals without immediate financial pressure.
Required Lease Disclosures in Georgia
Landlords in Georgia must give tenants certain written disclosures before or when signing a lease. These rules help renters understand who manages the property, where deposits are kept, and whether the property has specific risks.
Identification of Landlord or Agent
Landlords must provide the names and addresses of the property owners or the owner’s authorized agent. This ensures that the tenant knows who is responsible for managing the property and receiving any legal notices (GA Code § 44-7-3 ).
Security Deposit Notice
If a security deposit is collected, landlords must:
- Provide an itemized list of existing damages at move-in.
- Disclose the location of the escrow account or surety bond holding the deposit.
This protects tenants from being charged for pre-existing damage and ensures transparency in handling deposits (GA Code § 44-7-34).
Lead-Based Paint Disclosure
Federal law requires landlords to disclose lead-based paint hazards for rental properties built before 1978 and give tenants the EPA-approved pamphlet on lead safety (42 US Code § 4852d).
Flood Hazard Disclosure
Landlords must inform tenants if the property has flooded within the past five years. This helps renters understand the potential risks associated with the property before signing the lease (GA Code § 44-7-20).
Fire Safety and Protection Addendum
Landlords must provide a written fire safety disclosure for residential buildings that are three or more stories tall. This disclosure must include information on fire exits, alarms, and other safety features (GA Code § 25-2-13).
Ending a Lease in Georgia
Most fixed-term leases in Georgia end automatically on the date listed in the contract. For month-to-month leases, the landlord must give a 60-day notice or the tenant must give 30 days’ written notice to end the lease (GA Code § 44-7-7).
Sample Georgia Lease Agreement
Use a Georgia lease agreement template to set rental terms between a landlord and tenant and ensure compliance with state law. Complete our questionnaire and download your customized lease form in PDF and Word.