The Georgia rental agreements are contracts that govern the use of a rental property and usually exist between the landlord of the property and the tenant who seeks to use it. These documents state the amount of the rent, along with the term of the rental and other associated terms.
Georgia Rental Agreement Types
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Georgia Required Lease Disclosures
- Landlord’s Name & Address (required for all) – A Georgia lease agreement must contain the landlord (or an authorized agent’s) contact information to help establish communication for legal notices.
- Flooding Notice Disclosure (required for some) – If the property for rent has been flooded 3 times within the past 5 years, Georgia landlords must provide a notice of the flooding risks involved with tenancy to avoid liability for flooding damage.
- Move-In Checklist (required for some) – Georgia landlords that intend to charge a security deposit are required to 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) – If the Georgia rental property was built before 1978, a lead paint disclosure is required to provide information about the risks posed by lead paints and any instances of lead paint in the unit so tenants can safely navigate the hazards.
To learn more about required disclosures in Georgia, click here.
Georgia Landlord Tenant Laws
- Warranty of Habitability – Georgia requires its landlords to provide their tenants with hot and cold water, proper plumbing, electrical wiring/outlets, and HVAC. Upon request, these landlords must make repairs to these amenities within a “reasonable” amount of time. Georgia tenants cannot withhold rent; however, they do have the right to hire a professional to make the repair after a reasonable amount of time.
- Evictions – A Georgia landlord may evict tenants for a number of reasons including, but not limited to failure to pay rent or a violation of a leasing term. Landlords must provide tenants with prior notice to pay, comply or quit, depending on the type of eviction. Georgia eviction process can take weeks to months.
- Security Deposits – Georgia does not limit how much a landlord can charge a tenant as a security deposit. However, any deposits collected must be returned to their rightful owner within 30 days of the end of a lease.
- Lease Termination – A Georgia tenant must provide 30 days of notice to end a month-to-month or yearly lease. A tenant can break a lease early if they are active military duty, landlord harassment, unit uninhabitability, domestic violence, etc.
- Rent Increases & Fees – Georgia does not limit its landlords when it comes to rent rates or increases. As such, a landlord can raise rent whenever they want. Most operational fees are similar without a limit, except for bounced check fees (which are capped at $30 or 5% of the check).
- Landlord Entry – Landlords in Georgia have a right to entry, but only under the terms of a lease. As such, they can determine their own notice requirements, so long as it is documented. Emergency entry rights are also dictated by the lease in this manner.
- Settling Legal Disputes – Georgia’s small claims court can handle many landlord-tenant disputes valued at up to $15,000. This includes evictions. Also, these cases are not clearly subject to a statute of limitations.
To learn more about landlord tenant laws in Georgia, click here.
