Georgia Residential Lease Agreement

Last Updated: May 15, 2025 by Roberto Valenzuela

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:

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.

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