Georgia Residential Lease Agreement
A Georgia lease agreement sets the rules for renting property in the Peach State. From bustling Atlanta condos to quiet Savannah bungalows, the proper lease paperwork will keep you compliant, protect your investment, and outline clear expectations from the start.
Disclosures (6)
Georgia law requires landlords to provide tenants with specific information before they move in. These disclosures help ensure transparency and prevent any misunderstandings in the future.
- Lead-based paint: Federal law requires Georgia landlords to disclose the status of lead-based paint and its hazards for homes built before 1978.
- Flooding: If the unit has ever flooded, or if there has ever been any damage to the unit due to flooding, the landlord must disclose this information to the tenant in writing (OCGA § 44-7-20).
- Death or disease: While it is not required to disclose the information voluntarily, if a tenant asks if a death or a person living with a disease is on the property, the landlord must answer honestly (OCGA § 44-1-16).
- Security deposit: In Georgia, landlords must provide information on the bank holding a tenant’s security deposit (OCGA § 44-7-31).
- Move-in checklist: Before collecting a security deposit, Georgia landlords must give tenants a comprehensive list outlining the damage in the unit, which the tenant can review to confirm accuracy. This list is compared to the unit’s condition at move-out to calculate deductions (OCGA § 44-7-33).
- Landlord information: Georgia landlords must disclose their name and address to the tenant, and inform them of any changes within 30 days (OCGA § 44-7-3).
Optional Disclosures and Addenda
While not required, adding optional disclosures can help avoid disputes and protect your property.
Asbestos: Informs tenants about any asbestos-related hazards on the property and provides tips to minimize risk.
Bed bugs: Informs tenants if the unit or any adjacent units have a history of bed bug infestations.
Late/returned check fees: Outlines fees related to late or returned check fees. In Georgia, there is no limit on late fees. Returned check fees are capped at 5 percent of the check or $30 (whichever is greater), plus bank fees.
Medical marijuana use: Specifies the policy regarding the use of medical marijuana on the property.
Mold disclosure: Informs tenants of any mold issues on the property, including information about treatment options.
Non-refundable fees: Outlines any non-refundable fees, which tenants must agree to in the lease.
Shared utilities: If there are any shared utility meters, landlords must specify how utility costs get divided among tenants.
Smoking: Outlines the smoking policy on the property, including any designated smoking areas.
Consequences of Not Including Mandatory Disclosures
If you skip a mandatory disclosure in the state of Georgia, you open the door to potential fines and other legal troubles. It is always far easier (and less costly) to be compliant from the start versus dealing with violations down the road.
Security Deposit Regulations in Georgia
When it comes to collecting, holding, and returning security deposits, the laws in Georgia are clear. Knowing the rules helps to protect your investment and your bottom line.
Maximum amount: Georgia landlords may charge up to 2 months’ rent as a security deposit (OCGA § 44-7-30.1).
Deposit receipt: Although it is not a legal requirement to provide a receipt for the security deposit, landlords should inform the tenant where their deposit is being held.
Security deposit return: Landlords must return the security deposit within 30 days of move-out. However, if the landlord has made an honest effort to return the deposit but is unable to do so, the landlord may retain the deposit after 90 days (OCGA § 44-7-34).
Deductions: In Georgia, if a landlord withholds any deductions from the security deposit, they must provide a detailed statement listing the justifications for the deductions (OCGA § 44-7-34).
Rent Payment Regulations
Georgia also has specific laws in place regarding rent, including late fees and rent withholding. Here’s what you need to know for your Georgia lease agreement.
Rent control/stabilization: There are no state-wide rent control or rent stabilization laws in Georgia; however, some local areas may have these policies in place. Always consult local regulations first.
Late rent fees: There is no cap on the amount that landlords can charge as a late fee in Georgia. Make sure you outline any late fees in your Georgia lease agreement.
Grace period: Georgia landlords are not required to offer a grace period for rent payments.
Tenant’s right to withhold rent: The Georgia Landlord-Tenant Handbook states that tenants may deduct the cost of necessary repairs from rent if the landlord fails to make the repairs within a reasonable time.
Violations
Even the best tenants can occasionally encounter violations. Knowing how to handle various violations in Georgia helps you get back on track quickly and protect your investment.
Lease Violation: For lease violations, landlords should provide tenants with written notice to cure or quit, allowing the tenant a reasonable amount of time to remedy the breach (OCGA § 44-7-50).
Missed rent payment: After a tenant misses a rent payment, landlords must provide them with a 3-business-day notice to pay or quit, as part of the “Safe at Home” Act of 2025 (HB 404).
Lease abandonment: If a tenant abandons their lease before the end of its term, they are still financially responsible for the remainder of the lease under its original terms.
Self-help evictions: In Georgia, self-help evictions are illegal, and landlords should never attempt to remove tenants on their own.
Terminating a Lease
Whether the decision to part ways is yours or your tenant’s, ending a Georgia lease agreement comes with specific rules. Always follow these regulations to make a clean break and avoid any trouble down the road.
Standard lease: In Georgia, tenants may legally terminate a lease agreement early if certain conditions are met, such as active duty military service, landlord harassment, domestic violence, or uninhabitable living conditions (OCGA § 44-7).
Month-to-month: With a month-to-month lease, landlords must give 60 days’ notice before ending the lease, and tenants must provide 30 days’ notice (OCGA § 44-7-7).
Property abandonment: Georgia does not have specific laws outlining what landlords should do with property left behind by tenants. In the case of an eviction, they are not legally obligated to return the property and may dispose of it immediately (OCGA § 44-7-55).
Renewing a Lease
Lease renewals in Georgia allow landlords to keep good tenants and avoid the costs associated with turnover. But are they required? Here’s what you should know.
Notice requirements: Landlords are required to give 60 days’ notice if they plan not to renew a Georgia lease agreement (OCGA § 44-7-7).
Renewals: Georgia landlords are not required to renew a lease at the end of its term; however, they must give proper notice in writing at least 60 days in advance.
Landlord’s Access to Property
From time to time, whether for routine maintenance or an actual emergency, landlords may need to enter a property. But it’s essential to do so in a way that also respects your tenant’s privacy.
Immediate access: In the event of an emergency, landlords may enter the property without giving notice.
Notice requirements: There are no laws that state how much notice must be given by landlords before entering a property. However, notice requirements can be agreed to by both parties and outlined in the Georgia lease agreement.
Harassment: Any landlord found to enter a property repeatedly without notice or just cause may face harassment charges. In these cases, tenants may be able to end their lease early and without penalty (OCGA § 51-9-1).
