A Georgia rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Georgia landlord-tenant law governs and regulates these agreements.
Georgia Rental Agreement Types
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Georgia Required Lease Disclosures
- Landlord’s Name and Address (required for all leases) – Georgia leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice.
- Flooding Notice Disclosure (required for some leases) – Georgia landlords must provide a risk advisory for any property that has flooded 3 times or more within the past 5 years.
- Move-In Checklist (required for some leases) – Georgia landlords charging a security deposit must provide an inventory of the rental unit’s condition in the form of a move-in checklist. This checklist may be separate from the rental agreement.
- Lead-Based Paint Disclosure (required for some leases) – For any property built before 1978, federal law requires that a Georgia residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in Georgia, click here.
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Some Georgia cities, like Atlanta, may require additional disclosures. Local laws apply in addition to state laws.Georgia Landlord Tenant Laws
- Warranty of Habitability – Georgia landlords can only rent out habitable property, which means providing basic features like heat, plumbing, electricity, and sound structural elements. Landlords must repair any issues within a reasonable time after proper notice from the tenant. Failure to repair lets a tenant sue the landlord, repair and deduct, or terminate the lease.
- Evictions – Georgia landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay, comply, or quit, depending on the eviction type. Evictions in Georgia usually take weeks to months.
- Security Deposits – Georgia does not cap the maximum amount of a security deposit. Upon lease termination, a landlord must return any unused portion of a tenant’s security deposit within 30 days.
- Lease Termination – Georgia lets tenants terminate a month-to-month lease with 30 days of advance notice. A fixed-term lease usually can’t be terminated early without cases of active military duty, landlord harassment, an uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Georgia does not limit the amount or frequency of a rent increase. The state likewise does not regulate most late fees or other fees, except that returned check fees are capped at $30 or 5% of the returned check’s face value (whichever is greater), plus any financial institution fees.
- Landlord Entry – Georgia landlords may enter rental property for purposes such as maintenance and inspections. With no state-specific entry requirements, landlords in Georgia can enter at reasonable times with reasonable notice (by custom, at least 24 hours). Entry requirements are temporarily suspended in emergency situations.
- Settling Legal Disputes – Georgia allows its small claims courts to hear landlord-tenant disputes, as long as the amount in controversy is under $15,000. Unlike many states, Georgia’s small claims courts are allowed to hear eviction cases. The statute of limitations for most landlord-tenant issues is four years.
To learn more about landlord tenant laws in Georgia, click here.
Sources
- 1 Ga. Code § 13-6-15(b)
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The payee may charge the maker of the check, draft, or order a service charge not to exceed $30.00 or 5 percent of the face amount of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored, when making written demand for payment…
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