You advertised a spare room, thinking it would be a great way to generate extra income. Since you’re only renting out a piece of the property, you didn’t think to create a Georgia lease agreement. But shortly after securing your tenant, minor misunderstandings over rent and responsibilities can escalate into significant issues.
Top landlords use a Georgia room rental agreement along with property management software to prevent disputes, protect their investment, and keep everyone on the same page. Room rental agreements help establish payment terms, outline responsibilities, and set clear expectations.
Here’s how to create a roadmap for a seamless rental experience with a room rental agreement in Georgia.
Room Rental Laws
Every Georgia room rental agreement must comply with federal and state regulations. Landlord-tenant laws in Georgia require landlords to:
- Give tenants reasonable notice before entering their room.
- Avoid landlord harassment.
- Provide safe, habitable housing.
- Include mandatory disclosures in their lease.
Before we list Georgia’s rental laws, here’s a quick overview of contract types and disclosures.
Different Types of Room Rental Agreements in Georgia
You have a few options when creating a Georgia room rental agreement, including the following:
- Verbal agreement: Word-of-mouth agreements can be unreliable, so top landlords always define a clear lease agreement in writing.
- Fixed-term lease: If you want stability and clarity, these written contracts are a great option since they set a specific start and end date.
- Month-to-month lease: Many landlords choose “tenancy at will” contracts for their flexibility. They renew each month, but you can terminate them at any time.
If you’re not sure which contract type to use, consider the arrangement’s length and your relationship with the tenant. We recommend using a fixed-term or month-to-month lease and avoiding verbal agreements.
Required Landlord Disclosures
Include these mandatory disclosures in your room rental agreement in Georgia:
- Move-in/move-out inspection form: State law requires landlords to provide a move-in/move-out checklist before they collect the tenant’s security deposit (Ga. Code § 44-7-33).
- Landlord information: Landlords must give tenants their name and address. If their contact information changes, Georgia law requires landlords to inform tenants within 30 days (Ga. Code § 44-7-3).
- Flood disclosure: Landlords must tell applicants about the property’s flood history, especially if three or more floods have occurred within the last 5 years (Ga. Code § 44-7-20).
- Death on the property: If tenants ask whether someone has passed away on the property, Georgia law requires landlords to disclose the information truthfully (Ga. Code § 44-1-16).
- Security deposit details: You must tell tenants the name and location of the bank where you’re keeping their security deposit (Ga. Code § 44-7-31).
- Lead-based paint: Landlords leasing a home or apartment built before 1978 must tell tenants about any lead-based paint and hazards (42 U.S.C. § 4852d).
Security Deposit Rules
Maximum security deposit: Georgia law doesn’t establish a maximum amount that landlords can collect for security deposits.
Security deposit receipt: Landlords don’t have to give receipts in Georgia.
Deduction tracking: If you withhold security deposit funds, you must provide tenants with an itemized deduction statement in writing within 30 days of their move-out (Ga. Code § 44-7-34).
Security deposit return: You must refund the full security deposit, or the remaining balance after you make deductions, within 30 days (Ga. Code § 44-7-34).
Pet deposits: Georgia law permits landlords to charge a pet deposit, but they must detail it in the lease.
Rent Payment Rules
Late rent fees: If you clearly state your late fee policy in your lease and both parties agree, you can charge a reasonable late fee.
Right to withhold rent: Georgia law doesn’t permit tenants to withhold rent. If there are habitability issues, tenants must pay rent and take the necessary steps to address them.
Grace period: No laws in Georgia require landlords to extend a grace period.
Pet rent: State law treats pet rent like regular rent, so the same laws apply.
Rent Payment Increase Rules
Rent payment increase frequency: State law doesn’t restrict how often landlords can increase rent.
Rent payment increase maximum: In Georgia, there are no laws limiting rent increases.
Rent control/stabilization: Georgia law doesn’t include rent control policies.
Room Rental Agreement Breaches
Failure to pay: When tenants don’t make timely rent payments, landlords must give them a 3-Day Notice to Pay or Quit before taking legal action (Ga. Code § 44-7-50).
Lease violations: If tenants break their lease, landlords must send them a 7-Day Notice to Cure or Vacate to initiate the eviction process (Ga. Code § 44-7-51).
Self-help evictions: Georgia law prohibits all forms of self-help evictions, including shutting off utilities, changing the locks, or removing the tenant’s belongings (Ga. Code § 44-7-50).
Terminating a Room Rental Agreement
Month-to-month: Landlords must give 30 days’ written notice, unless the lease agreement specifies a different notice period (Ga. Code § 44-7-7).
Fixed-term: If landlords terminate a fixed-term agreement early without a legal basis, they may face penalties (Ga. Code § 44-7-7).
Room abandonment: Landlords can take possession of the abandoned room if they notify tenants and follow the state’s legal process (Ga. Code § 44-7-23).
Tenant’s right to terminate: In Georgia, tenants can avoid penalties if their lease permits early termination (Ga. Code § 44-7-7). Or, if their landlords fail to maintain habitable housing (Ga. Code § 44-7-13).
Landlord Access Laws
Immediate access: Georgia landlords can enter a tenant’s room to address emergencies, such as fires and leaks, without notifying the tenant first.
Landlord harassment: Landlords can’t interfere with a tenant’s quiet enjoyment of their room by repeatedly showing up unannounced or entering their room without permission (Ga. Code § 44-7-13).
Advance notice: State law doesn’t require a specific notice period, but giving 24 hours is a best practice.
Lease Agreement Renewal and Termination
Required renewals: Landlords are not required to renew a room rental agreement in Georgia. If they want to continue the arrangement, they must sign a new contract or create a renewal clause.
Required notice: To end a month-to-month agreement, you must give tenants 30 days’ written notice (Ga. Code § 44-7-7).
Month-to-month considerations: If tenants stay in the room after their fixed-term lease ends but they don’t sign a new Georgia room rental agreement, courts may treat it as a month-to-month tenancy.
Remember, when creating a room rental agreement, Georgia law mandates the process. Landlord software can help you stay compliant, avoid disputes, and form an explicit agreement.
Pro tip: If you have specific questions, we recommend speaking with a trusted legal professional.
Room Rental Agreement Georgia FAQs
What to include in a Georgia room rental agreement?
- Rent and security deposit details
- Mandatory disclosures
- House rules
- Responsibilities of both landlords and tenants
How do I legally rent out a room?
Use a room rental agreement to reduce risks and establish clear terms of the tenancy. Keep the process compliant by following all laws governing a room rental agreement in Georgia.
How to make a Georgia room rental agreement?
Use iPropertyManagement’s simple printable PDF template!
