How Long Can a Residential Lease Be in Georgia?

Depending on circumstances, in Georgia it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can’t be for a term of more than one year in Georgia, and a lease without a specific term is treated as an at-will tenancy, unlike many states.

Is a Contract to Lease Binding in Georgia?

Yes, a contract to lease is legally binding in Georgia. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term.

Do Lease Agreements Need to Be Notarized in Georgia?

No, lease agreements do not need to be notarized in Georgia. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid.

Can a Lease Automatically Renew in Georgia?

Yes, a lease can automatically renew in Georgia. Most rental agreements will automatically renew when the initial tenancy period is over. Past this point, the lease becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease.

Georgia Residential Lease Agreement

A Georgia residential lease agreement (“rental agreement”) (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.

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

Applies to all Georgia rental units.

Georgia leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way. For this reason, most leases also include phone numbers and email addresses.

Contact information most often is written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information.

Flooding Notice Disclosure

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

Georgia landlords must give tenants a flood notice 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

Applies to all Georgia rentals charging a security deposit.

Georgia landlords must provide a move-in checklist at the beginning of a lease, to inventory existing property damage. This ensures accurate deductions from the security deposit upon move-out. A landlord can’t collect a security deposit without providing this checklist.

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

Lead-Based Paint Disclosure

Applies to any Georgia rental units built before 1978.

Georgia residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:

Fill out and attach this lead-based paint disclosure form to the lease agreement
Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)

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

Optional Disclosures and Addenda (Recommended)

The following lease agreement disclosures and addenda are not required by Georgia law in residential lease agreements, but help with tenant management and landlord liability.

Optional Disclosure	Purpose
Asbestos	Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing 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. Georgia has no restrictions on late fees. Returned check fees are capped at the greater of $30 or 5% of the check value, plus any bank fees.
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 efforts, plus information about treatments. This helps limit landlord liability.
Non-Refundable Fees	Charges not agreed by the tenant in the lease may be refundable when the lease ends. For Georgia landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
Shared Utilities Arrangements	Sets terms for how to divide utility costs up on properties which share a utility meter with other units. In Georgia, the landlord may charge separately for utilities using a submetering or ratio billing system.
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 and ordinances.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.

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

Lead-based paint hazards are particularly important as a disclosure. Landlords who don’t disclose the potential for lead hazards can face tens of thousands of dollars in fines per violation.

Sources

1 Ga. Code § 44-7-3(a): At or before the commencement of a tenancy, the landlord or an agent or other person authorized to enter into a rental agreement on behalf of the landlord shall disclose to the tenant in writing the names and addresses of the following persons:

(1) The owner of record of the premises or a person authorized to act for and on behalf of the owner for the purposes of serving of process and receiving and receipting for demands and notice; and

(2) The person authorized to manage the premises.In the event of a change in any of the names and addresses required to be contained in such statement, the landlord shall advise each tenant of the change within 30 days after the change either in writing or by posting a notice of the change in a conspicuous place.
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2 Ga. Code § 44-7-20: When the owner of real property, either directly or through an agent, seeks to lease or rent that property for residential occupancy, prior to entering a written agreement for the leasehold of that property, the owner shall, either directly or through an agent, notify the prospective tenant in writing of the property’s propensity of flooding if flooding has damaged any portion of the living space covered by the lease or attachments thereto to which the tenant or the tenant’s resident relative has sole and exclusive use under the written agreement at least three times during the five-year period immediately preceding the date of the lease. An owner failing to give such notice shall be liable in tort to the tenant and the tenant’s family residing on the leased premises for damages to the personal property of the lessee or a resident relative of the lessee which is proximately caused by flooding which occurs during the term of the lease. For purposes of this Code section, flooding is defined as the inundation of a portion of the living space covered by the lease which was caused by an increased water level in an established water source such as a river, stream, or drainage ditch or as a ponding of water at or near the point where heavy or excessive rain fell. This Code section shall apply only to leaseholds entered into on or after July 1, 1995.
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3 Ga. Code § 44-7-33: (a) Prior to tendering a security deposit, the tenant shall be presented with a comprehensive list of any existing damage to the premises which shall be for the tenant’s permanent retention. The tenant shall have the right to inspect the premises to ascertain the accuracy of such list prior to taking occupancy. The landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list but shall not be conclusive as to latent defects. If the tenant refuses to sign the list, the tenant shall state specifically in writing the items on such list to which he or she dissents and shall sign such statement of dissent.

(b)(1) Within three business days after the termination of the residential lease and vacation of the premises or the surrender and acceptance of the premises, whichever occurs first, the landlord or his or her agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall upon request have the right to inspect the premises and such list within five business days after the termination of the residential lease and vacation of the premises or the surrender and acceptance of the premises and the inspection by the landlord or his or her agent. If the tenant is present with the landlord at the time of the inspection, the landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If the tenant refuses to sign the list, he or she shall state specifically in writing the items on the list to which he or she dissents and shall sign such statement of dissent. The landlord shall then comply with the provisions of Code Section 44-7-34.

(2) If the tenant vacates or surrenders the premises without notifying the landlord, the landlord shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage within a reasonable time after discovering the premises has been surrendered by vacancy. The landlord shall sign the list and then comply with the provisions of Code Section 44-7-34.

(c) A tenant who disputes the accuracy of the final damage list compiled pursuant to subsection (b) of this Code section and provided to the tenant pursuant to Code Section 44-7-34 may bring an action in any court of competent jurisdiction in this state to recover the portion of the security deposit which the tenant believes to be wrongfully withheld for damages to the premises. The tenant’s claims shall be limited to those items to which the tenant specifically dissented in accordance with this Code section. If the tenant is present for the inspection of the premises after vacancy and signs the landlord’s final damage list or fails to dissent specifically in accordance with this Code section, the tenant shall not be entitled to recover the security deposit or any other damages under Code Section 44-7-35, provided that the lists required under this Code section contain written notice of the tenant’s duty to sign or to dissent to the list. A tenant who did not inspect the premises after vacancy or was not present for the landlord’s inspection of the premises after vacancy and, in either case, did not request a copy of the landlord’s final damage list shall have the right to dispute the damages assessed by the landlord.
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4 Ga. Code § 13-6-15(b): 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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