Georgia Month-to-Month Lease Agreement

A Georgia month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental 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 rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.

Parties under a month-to-month lease enjoy 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 keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.

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 – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
• Flooding Notice Disclosure – Georgia landlords must give notice to tenants of prior flooding if the property has flooded at least three times within the past five years.
  
• Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in.
• 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 both the landlord or tenant terminate a month-to-month lease with at least 60 days of advance notice from the landlord or 30 days of advance notice from the tenant. [1] In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.

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 that notice for a rental increase be delivered in writing, but doesn’t specify a particular timeframe for that notice. 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, which in Georgia is 60 days. [1]

Eviction in Georgia Month-to-Month Rentals

Georgia tenants may face eviction for violating a month-to-month lease or remaining 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.