Georgia Month-to-Month Lease Agreement

A Georgia month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.

Basics of a Georgia Month-to-Month Rental Agreement

In Georgia, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.

Parties under a month-to-month lease have full rights under Georgia landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.

The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.

Required Disclosures for Month-to-Month Rentals in Georgia

Georgia landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:

• Landlord’s Name and Address – Georgia landlords must give the tenant their name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way.
  
• Flooding Notice Disclosure – Georgia landlords must provide a notice if a rental property has flooded at least three times within the past five years.
  
• Move-In Checklist – Landlords must a move-in checklist to take inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out.
  
• Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.

Required Notice To End a Month-to-Month Rental in Georgia

Georgia lets either the landlord end a month-to-month lease with at least 60 days of advance notice. For the tenant, the requirement is 30 days instead. [1] In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.

Georgia requires written notice to end a month-to-month lease.

Required Notice To Raise the Rent on a Georgia Month-to-Month Lease

Georgia requires written notice for a rental increase, but doesn’t specify a particular timeframe. This means in most cases it’s reasonable for a landlord to keep the same standard advance notice provided for termination or other major lease changes. In Georgia, this is 60 days. [1]

Eviction in Georgia Month-to-Month Rentals

Georgia tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in Georgia typically take one to three months.

For more information on the eviction process in Georgia, click here.