A Georgia lease agreement creates a legally binding relationship between the landlord and the tenant(s) based on the use of property in exchange for a fee. The document outlines the terms negotiated between the parties, such as monthly rent, payment method, security deposit details, utilities, and other services to the premises. State laws also impose specific rental requirements and disclosures that need to be included in the lease agreement.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: No.
- Late Fees in Rental Agreement: Yes.
- Grace Period: No.
- License Required for Landlord: No.
Landlords typically use a rental application to assess potential tenants before signing a lease.
By Type (6)
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
Landlords in Georgia are required to make the following disclosures: [1] [2]
- Further contact details. A landlord disclosure in writing of the names and addresses of the owner or owner’s authorized agent for service of process. [3]
- Security deposits, along with an itemized list of damages. Must outline existing damages to the premises. [4]
- Disclosure of Lead-Based Hazards. Federal law requires that this document be added to the contract for buildings before 1978. [5]
- Disclosure of Flood Hazard Area. The tenant should be aware of any floods in the past five years. [6]
- Fire Safety and Protection Addendum. Any landlord responsible for a residential building three or more stories tall must maintain adequate fire prevention features within the building. [7]
Security Deposit
- Maximum Amount: Capped at no more than two months’ worth of rent. [8]
- Receipts: Not specified.
- Interest Payments: Not required.
- Bank Account: The landlord must place security deposits in an escrow account and inform the tenant of its location. [9]
- Returning Requirements: Within 30 days of the lease termination date. [10]
- Withholding Rules: A landlord may have to pay triple the security deposit amount if it is not returned.
Rent Payments
- Laws: Rent is due as specified in the lease.
- Rent Control: Landlords may charge any sum they find appropriate for their rental unit.
- Late Fees and Grace Period: While is no statutory limit on late fees, “bounced check fees” are capped at $30 or 5% of the check’s value, whichever is greater. [11] There is no grace period for tenants. If rent is late, the landlord can immediately start eviction proceedings with a 3-day notice to pay or quit.
- Withholding Rent: The landlord must keep the property in good repair, but tenants cannot withhold rent due to outstanding repairs or damage. If the landlord fails to make repairs within a reasonable time after being notified, the tenant can hire a professional and deduct the repair costs from the next rent payment. [12]
Landlord Right of Entry
- Notice Requirements: State law only recommends that a landlord give notice before entering a property, but it is not required. [13]
- Keys, Locks, and Security: Not specified.
Property Repairs
- Landlord Responsibilities: The state imposes a “duty of habitability” in residential leases that requires landlords to keep the premises fit for human habitation and make necessary repairs or improvements.
- Tenant Repairs: To comply with the state’s landlord-tenant laws, tenants must keep the property clean, make minor repairs, and adhere to the lease terms.
- Abandonment: Tenants must continue paying rent if they end the lease early, as the landlord is not required to re-rent the unit. However, tenants can terminate leases without penalty in certain situations, such as military or court orders. [14] [15]
Terminating a Lease
- Month-to-Month Tenancy: Landlords must provide a 60-day notice, while tenants need to provide only 30 days’ notice.
- Unclaimed Property: Outside the eviction process, state law doesn’t specify handling unclaimed personal property, so landlords should refer to the lease. Post-eviction, unclaimed belongings must be moved from the unit to the property, and the landlord isn’t liable for any damage or loss. [16]
Sample
You can download the Georgia lease agreement template below and start defining all necessary terms for your tenants.
