Georgia Residential Lease Agreement

Last Updated: November 9, 2023 by Roberto Valenzuela

A Georgia residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.

Georgia Residential Lease Agreement Disclosures

The following disclosures are required for some or all residential lease agreements in Georgia.

Disclosure Applicability
Landlord’s Name/Address All Units
Flooding All Units with 3 Floods in 5 Years
Move-In Checklist All Units Requiring a Security Deposit
Lead Paint All Units Built Prior To 1978

Landlord’s Name and Address

Applicable to all Georgia rental units.

Georgia leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.

Flooding Notice Disclosure

Applicable to any Georgia property with a history of flooding (at least three instances of damage within the past five years).

Georgia landlords must give notice to tenants of prior flooding if the property has flooded at least three times within the past five years. This includes noting all damage from flooding caused to the living space in the unit.

Download: Georgia Flooding Notice Disclosure Form (PDF)

Move-In Checklist

Applicable to all Georgia rentals charging a security deposit.

Georgia landlords must provide a move-in checklist to inventory existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out.

Download: Georgia Move-In Checklist Disclosure Form (PDF)

Lead-Based Paint Disclosure

Applicable to any Georgia rental units built prior to 1978.

For any property built before 1978, federal law requires that a Gerogia residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:

Download: Georgia Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures and Addenda (Recommended)

The below lease agreement disclosures and addenda are not required by Georgia law.  However, these disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.

Optional Disclosure Purpose
Asbestos Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers.
Bed Bugs Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately.
Late/Returned Check Fees Specifies late fees or returned check fees related to the lease. In Georgia there are no restrictions on late fees, but returned check fees are capped at $30 (if the check amount is under $600) or 5% of the check value (if greater than $600).
Medical Marijuana Use Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas.
Mold Disclosure Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability.
Non-Refundable Fees Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Georgia landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
Shared Utilities Arrangements In Georgia, when multiple rental units share a utility meter for the whole building or property, the landlord may charge separately for utilities through the installation of a submetering system or ratio billing system. A shared utilities disclosure informs tenants how utilities are metered and billed.
Smoking Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants.
note
Some Georgia cities, like Atlanta, have more comprehensive rules than the statewide standard. Always check local laws.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal repercussions or monetary penalties, either from a tenant lawsuit or from state officials.

Failure to provide a required flood notice may make a landlord liable for damages in Georgia.

Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.

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