Having a legal lease agreement in Georgia helps prevent misunderstandings and nurtures healthy relationships between landlords and tenants. The lease agreement is a document that outlines the rights and responsibilities of both parties during a rental period.
There are specific state and federal laws that regulate what landlords can include in a lease agreement in Georgia, including certain mandatory clauses and disclosures.
In this article, we examine the different elements of a lease agreement and the laws that govern rental agreements in Georgia so you can create an effective document that is in line with state laws. Plus, we provide free lease agreement templates and resources to make things easier for you.
Required Lease Clauses in Georgia lease agreements
As in many other states, residential lease agreements in Georgia can be either oral or written; however, having a written agreement is strongly advised for clarity and legal safeguards.
A typical residential lease agreement in Georgia includes the following elements:
- Parties Involved: The lease should identify both the landlord and the tenant. It may also include details about any property manager or leasing agent involved. The contract is binding for all parties named within it.
- Property Description: The agreement must provide a detailed description of the rental property. This typically includes the full address and may specify particular units within an apartment complex or distinct areas of a house.
- Term of the Lease: The duration of the lease is a crucial aspect of the agreement. In Georgia, residential leases can be categorized as either "term tenancies" or "periodic tenancies." A term tenancy has specific start and end dates (for example, a one-year lease), while a periodic tenancy continues indefinitely, often renewing on a monthly or yearly basis.
- Rent Amount and Payment Terms: The lease should clearly state the rent amount, due date (commonly the first of each month), and acceptable payment methods. Additionally, it should outline any late fees or penalties for returned checks.
- Security Deposit Details: Georgia law does not impose a limit on the amount a landlord can charge for a security deposit. However, landlords are required to return the deposit with an itemized list of deductions within one month after the lease ends.
- Maintenance and Repair Responsibilities: The agreement should specify who is responsible for property maintenance and repairs, including those related to normal wear and tear.
- Rules and Regulations: The lease should outline any rules pertaining to the property, such as noise restrictions, pet policies, and guest regulations.
- Termination and Renewal Conditions: This section describes the circumstances under which the lease may be terminated or renewed, including notice requirements for both parties involved.
Required Disclosures in a Georgia Lease Agreement
According to Georgia law, landlords are obligated to provide specific disclosures in lease agreements, ensuring transparency and protecting tenants' rights.
- Landlord's Contact Information: To ensure effective communication regarding legal notices, the lease must include the landlord's name and address, along with the details of any authorized representatives acting on their behalf.
- Lead-Based Paint Disclosure: Landlords across the United States are required to inform tenants about potential lead-based paint hazards if the rental property was constructed before 1978.
- Flooding Disclosure: Under state landlord-tenant laws, landlords must disclose any flooding risks associated with the property if it has experienced flooding three or more times within the past five years.
- Pre-existing Defects: Before collecting a security deposit from a prospective tenant, landlords must provide a detailed list of any existing defects or damages in the rental unit.
- Death or Disease Notification: State law mandates that if asked, landlords or their representatives must disclose whether a person has died on the premises or if someone with a communicable disease has resided there.
- Security Deposit Location: If the security deposit is held in an escrow account, landlords are required to inform tenants of its location.
Fixed-term vs. Month-to-Month Leases
Landlords in Georgia commonly use two main types of rental lease agreements: month-to-month leases and fixed-term leases.
To assist you in determining which rental agreement option is most suitable for your property, we have provided a comparison table below.
Lease Comparison
| Features |
Fixed-term Leases |
Month-to-Month Leases |
| Duration |
Set for a specific period (e.g., 6 months, 1 year) |
Continues indefinitely until terminated by either party |
| Notice for Termination |
Typically, no notice is required; ends automatically unless renewed |
Requires 30 days' written notice from either party to terminate |
| Rent Changes |
Rent is fixed for the duration of the lease; cannot be increased until renewal |
Rent can be adjusted with proper notice, usually 30 days |
| Early Termination |
Tenant may face penalties for breaking the lease early; landlord cannot terminate without cause |
Either party can terminate with notice, providing more flexibility |
| Legal Obligations |
Both parties must adhere to the lease terms; landlords must maintain the property. |
Similar obligations, but with more flexibility in terms of changes |
Security Deposit Rules in Georgia
Landlords in Georgia are required to clearly define the terms related to security deposits in their lease agreements. It is crucial for them to understand that the handling of these deposits—both their collection and return—is strictly governed by state law.
Georgia’s security deposit laws are detailed in Georgia Code § 44-7-30 through Georgia Code § 44-7-37
Here’s an overview of the Georgia security deposit regulations:
- Maximum Amount: As per (GA Code § 44-7-30.1), the maximum security deposit landlords can charge in Georgia is equivalent to 2 month’s rent. Some local ordinances may impose different limits; for instance, in Atlanta, the maximum allowable deposit is 1.5 months' rent.
- Collecting Security Deposits: Georgia law allows landlords to collect security deposits at the beginning of the lease. To ensure transparency, landlords must provide tenants with clear disclosures about the security deposit within the lease agreement.
- Holding Deposits: Landlords must place the security deposit in an escrow account at a bank or lending institution located in Georgia.
- Allowable Deductions from Security Deposits: Landlords are permitted to deduct amounts from the security deposit for unpaid rent, late fees, pet charges, utilities, and damages that exceed normal wear and tear.
- Return Timeline: Landlords are obligated to return the full security deposit or provide a written explanation of any deductions within 30 days after the tenant vacates the property.
Rent Collection Rules in Georgia
The rules governing rent collection in Georgia are primarily established by the Georgia Landlord-Tenant Act.
- Late Payments: In Georgia, landlords have the right to impose a late fee for overdue rent payments, provided that the lease specifies this fee. The maximum allowable late fee is either $20 per month or 20% of the monthly rent, whichever amount is greater (Georgia Code § 10-4-217 (2023)).
- Grace Period: There is no state law mandating a grace period or defining a specific due date for rent. Instead, any grace period must be mutually agreed upon by the landlord and tenant.
- Rent Withholding: Currently, Georgia law does not address rent withholding or the "repair and deduct" remedy. However, courts do acknowledge a tenant's right to repair and deduct from their rent. Additionally, there are no laws regulating rent control in the state.
- NSF Fees for Bounced Checks: Landlords in Georgia may charge a bounced check fee (NSF fee) of up to $30 or 5% of the check amount, whichever is higher, when a tenant's rent check bounces. They can also impose any additional fees incurred by their bank or financial institution. Furthermore, landlords are permitted to seek damages of up to double the check amount, capped at $500, and can take legal action against tenants to recover these fees and damages if they remain unpaid.
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Lease Termination and Renewal
Georgia landlord-tenant laws govern the process for lease termination and renewal, including specifications for required notice periods. (O.C.G.A. § 44-7-7)
Lease Termination in Georgia
- Fixed-Term Leases: For fixed-term leases, such as a one-year agreement, the lease automatically concludes at the end of the term unless either party takes steps to renew it, or terminate it or early. Generally, landlords do not need to provide notice if they intend to terminate the lease at its conclusion unless otherwise stated in the lease agreement. However, it is always advisable for landlords to inform tenants in advance as a courtesy.
- Month-to-Month Leases: In the case of month-to-month leases, landlords and tenants are required to give a written notice of 30 days if they plan to terminate the lease.
- Tenancy-at-Will: For tenancy-at-will arrangements, where there is no predetermined end date for the lease, landlords must provide a 60-day notice to terminate the agreement. Tenants are required to give a 30-day notice if they choose to end their tenancy.
- Breaking a Lease: If a tenant needs to break their lease early due to specific circumstances—such as uninhabitable living conditions or harassment—they may be legally permitted to do so without incurring penalties. Nonetheless, tenants typically still need to submit written notice, often adhering to the 30-day requirement, and they may be responsible for rent until the landlord secures a new tenant.
Georgia Eviction Notice Requirements
Should a landlord want to terminate a tenancy early then they will likely need to pursue an eviction using one of the notices listed below. The type and duration of notice needed varies according to the grounds for eviction and type of lease agreement.
- Notice To Terminate Due to Nonpayment of Rent: The landlord is required to give the tenant seven days' notice to pay the rent or evacuate if the tenant does not pay on time. This provides the tenant with seven days to either pay the entire rent due or leave the property. (O.C.G.A. § 44-7-52)
- Notice To Terminate Due to Breach of Lease: In the event of a breach of the lease, the lessor is required to provide the tenant seven days' notice to either comply or vacate. Tenants have seven days to either fix the infraction or leave the property.
Lease Renewal in Georgia
The procedures for renewing a lease can differ based on the original terms outlined in the lease agreement:
- Automatic Renewal: Many leases contain an automatic renewal clause that extends the lease for another term unless either party provides notice of termination.
- Negotiated Renewal: Landlords and tenants can negotiate new terms prior to the expiration of the current lease. It is best to initiate these discussions well in advance of the expiration date to allow ample time for any necessary adjustments.
Georgia Lease Agreement Laws: Final Words
Having a well-defined and legally binding lease agreement is a landlord’s best security during rental disputes. That’s why we always recommend that landlords take the time to understand and comply with both federal and state laws that govern rental agreements in Georgia when drafting these documents.
To make this process easier, we offer free lease agreement templates that you can download. These templates not only help ensure adherence to state regulations but also promote a positive rental experience for both landlords and tenants.
Georgia Legal Resources
Free Georgia Lease Agreement Template(s)
Georgia Landlord Tenant Laws
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