As a landlord, it’s essential to know all of the lease options at your disposal. A Georgia month-to-month lease agreement is an excellent option if you’re looking for flexibility with your lease terms. A month-to-month rental agreement creates a tenancy at will and provides greater flexibility without locking you into a long-term commitment.
Even though it renews monthly, the agreement must still comply with state rules on disclosures, notice timelines, deposits, rent payments, and eviction procedures.
Disclosures (6)
Georgia requires landlords to provide certain disclosures before entering into a residential rental agreement. These disclosures help tenants understand important information about the property and the leasing relationship.
- Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint and its hazards in all rentals built before 1978.
- Flooding: If the property has ever flooded in the past, or if there is any flood damage in the unit, you must disclose this information to your tenant (Ga. Code § 44-7-20).
- Death or disease: If a tenant asks, you must disclose if there has been a death or a person living with a disease on the property (Ga. Code § 44-1-16).
- Security deposit: In Georgia, landlords must provide information on the bank holding your tenant’s security deposit (Ga. Code § 44-7-31).
- Move-in checklist: Before collecting a security deposit from your tenant, landlords must give them a comprehensive list outlining any damage in the unit, which they are allowed to review to confirm accuracy. Later, this list is compared to the unit’s condition at move-out to calculate deductions (Ga. Code § 44-7-33).
- Landlord information: Georgia landlords must disclose their name and address to the tenant, and inform them of any changes to this information within 30 days (Ga. Code § 44-7-3).
Optional Disclosures and Addenda
Landlords may include optional disclosures to reduce misunderstandings during the tenancy. Here are some disclosures to consider adding to your Georgia lease.
Asbestos: Gives any known information about asbestos in the unit and tips to avoid or limit exposure.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or adjacent units.
Late/returned check fee: Discloses fees for late rent or returned checks. In Georgia, there are no limits on late fees, but you must outline the fee in your lease template. Returned check fees are capped at $30 or 5% of the check, whichever is greater, plus bank fees.
Medical marijuana use: Details the guidelines for the use of medical marijuana on the property, as some states allow landlords to limit or restrict its use.
Mold disclosure: Informs tenants of any known or suspected mold issues in the unit, along with strategies for remediation.
Non-refundable fees: Reviews any fees that the landlord will not refund or return at the end of the tenancy.
Shared utilities: Explains how to divide utility costs between any units that share a utility meter.
Smoking: Details the rental’s smoking policy, including any designated smoking areas on the property.
Additional Georgia Month-to-Month Lease Laws
Georgia month-to-month lease agreements must comply with state rules regarding notices, rent changes, deposits, and property access. These laws provide structure for both landlords and tenants throughout the tenancy.
Notice to Terminate a Month-to-Month Agreement
Ending a Georgia month-to-month lease agreement requires proper written notice. Georgia sets different notice requirements for landlords and tenants.
Required notice for tenant: Tenants with a Georgia month-to-month lease agreement must give 30 days’ written notice to terminate the agreement (Ga. Code § 44-7-7).
Required notice for the landlord: Georgia landlords must provide 60 days’ written notice to terminate a month-to-month lease agreement (Ga. Code § 44-7-7).
Laws Governing Rent Increases
Georgia does not regulate rent amounts and has no statewide rent control. Landlords may raise rents at their discretion but must comply with the required notice procedures. A rent increase is treated as a change to the agreement, so landlords must give tenants 60 days’ notice before the new rental rate takes effect, while tenants must give 30 days’ notice if they plan to move rather than accept the increase (Ga. Code § 44-7-7).
Local governments may not enact rent control unless authorized at the state level, which makes rent adjustments relatively straightforward for month-to-month agreements.
Lease Violations and Eviction
Georgia outlines specific steps landlords must follow when responding to unpaid rent or lease violations.
Missed rent payment: As part of Georgia’s “Safe at Home” Act, landlords can no longer immediately file for eviction following a tenant’s non-payment of rent. They must first provide the tenant with a 3-day Notice to Pay or Quit (HB 404).
Lease violation: When a tenant breaches the lease, the landlord may file for eviction immediately unless the lease provides a cure period. Georgia law does not require landlords to offer an opportunity to correct the violation (Ga. Code § 44-7-50).
Lease abandonment: If a tenant leaves before the end of a rental period, they may remain responsible for unpaid rent. Georgia requires landlords to make reasonable efforts to re-rent the unit to reduce losses.
Self-help evictions: All forms of self-help evictions, including lockouts, utility shutoffs, or removal of tenant property, are illegal. Landlords must use the formal eviction process in all cases (Ga. Code § 44-7-14).
Rent Payment Laws
Georgia gives landlords significant flexibility in structuring rent payments. The state does not cap late fees, mandate grace periods, or restrict pet rent, although any fees must be reasonable and written into the agreement.
Rent control/stabilization: There is no rent control or stabilization at the state level in Georgia.
Late rent fees: Georgia law does not place a limit on late fees.
Grace period: Georgia law does not require landlords to offer a grace period for late rent to their tenants.
Tenant’s right to withhold rent: Although Georgia law does not expressly provide a repair-and-deduct remedy, the state’s Landlord-Tenant Handbook states that tenants may hire a licensed contractor and deduct the expense when a landlord does not address needed repairs promptly. Written notice and receipts are required (Georgia Landlord-Tenant Handbook).
Pet rent laws: Landlords may charge a pet deposit or a monthly pet rent, provided the amount is reasonable and clearly outlined in the lease agreement template.
Security Deposits
Georgia’s security deposit laws outline what landlords may collect and how they must handle deposit funds.
Maximum amount: Georgia security deposits cannot exceed two months’ rent (Ga. Code § 44-7-30.1).
Deposit receipt: Legally, landlords do not have to provide a receipt to tenants for their security deposit; however, it is good practice to do so.
Interest payments: Georgia law does not require landlords to pay interest on security deposit funds.
Security deposit return: Landlords must return the deposit within 30 days of move-out and provide an itemized list of deductions for damages beyond normal wear and tear (Ga. Code § 44-7-34).
Deductions: Landlords may deduct from the security deposit to cover unpaid rent or damage beyond normal wear and tear. They must clearly itemize these deductions when returning the remaining deposit (Ga. Code § 44-7-34).
Property Access Laws
Georgia law provides flexibility regarding how and when to enter your rental property; however, it is also essential to balance this with respect for your tenant’s privacy.
Advance notice: State law does not require a specific notice you must give tenants before entering. Consider giving at least 24 hours’ notice, when possible, and include this information in your lease template.
Immediate access: In the case of an emergency, landlords have immediate access to the unit.
Harassment: If a landlord repeatedly enters the rental property without just cause or notice, they may be charged with harassment (Ga. Code § 51-9-1).
