Georgia Residential Lease Agreement
Create a professional, Georgia-compliant residential lease agreement with our free template. Includes all required Georgia disclosures and adheres to state landlord-tenant laws.
A Georgia residential lease agreement is a legally binding contract between a landlord and tenant that outlines the terms of a rental arrangement while adhering to Georgia's landlord-friendly laws, including security deposit handling requirements, required disclosures, and maintenance expectations.
Georgia is generally considered a landlord-friendly state, with fewer tenant protections than many other states. Our Georgia-specific lease agreement template ensures your rental contract complies with all state regulations, including security deposit handling, required disclosures about flood zones and lead paint, and proper notice periods. Whether you're renting out a property in Atlanta, Savannah, Augusta, or anywhere else in the state, our customizable template helps you create a legally sound lease agreement that clearly defines both landlord and tenant rights under Georgia law.
Georgia Landlord-Tenant Law Highlights
Provision | Georgia Law Requirement |
---|---|
Security Deposit Limits | No statutory limit on security deposit amount |
Security Deposit Return | Must be returned within 30 days after tenant moves out |
Notice for Landlord Entry | No statutory requirement for notice before entry |
Late Fees | Must be reasonable and specified in the lease |
Required Disclosures | Lead-based paint (pre-1978 buildings), flood hazards, owner/agent information |
Notice to Terminate (Month-to-Month) | 60 days' notice required unless lease specifies shorter period |
Security Deposit Banking | Must be held in escrow account in Georgia-based bank |
Eviction Notice | Immediate demand for possession allowed for non-payment |
Repair and Deduct | No statutory right to repair and deduct rent |
Retaliation Protection | No specific statutory protection against retaliation |
Required Georgia Lease Disclosures
Georgia law requires several specific disclosures to be included in or attached to residential lease agreements:
Lead-Based Paint Disclosure
Required for all housing built before 1978. Landlords must disclose known lead-based paint hazards and provide tenants with an EPA-approved pamphlet about lead poisoning prevention.
Flood Zone Disclosure
Landlords must disclose if the rental property is located in a flood zone or has been damaged by flooding in the past. This disclosure is particularly important in coastal areas.
Owner or Agent Information
The lease must include the name and Complete mailing address of the property owner or their authorized agent for service of process and receiving notices or demands.
Security Deposit Handling
Landlords who own more than 10 rental units must provide a written statement of the condition of the premises, a list of existing damages, and the right to inspect the premises.
Military Base Disclosure
Properties located near military bases must include a disclosure about noise, vibration, smoke, dust, or other conditions that may be created by military operations.
Meth Contamination Disclosure
While not specifically required by state law, landlords should disclose known methamphetamine contamination as it relates to the habitability of the property.
Security Deposit Rules in Georgia
Georgia has specific regulations governing security deposits, particularly for landlords with more than 10 rental units:
Security Deposit Requirements
- No deposit limit: No statutory maximum limit
- Escrow account: Required at regulated Georgia-based bank
- Move-in inspection: Required for landlords with 10+ units
- Itemized list: Must provide list of pre-existing damages
- Receipt requirement: Written receipt must be provided
- No interest requirement: No obligation to pay interest
Security Deposit Return Rules
- 30-day return deadline: Must return deposit within 30 days of move-out
- Itemized statement: Required for any deductions
- Forwarding Complete mailing address: Tenant must provide forwarding Complete mailing address
- Normal wear and tear: Cannot deduct for ordinary wear and tear
- Move-out inspection: Required by landlords with 10+ units
- Inspection rights: Tenant has right to attend the inspection
Important: Georgia law imposes specific security deposit handling requirements on landlords with more than 10 rental units. These landlords must comply with stringent move-in and move-out inspection procedures, provide written documentation, and maintain security deposits in an escrow account at a Georgia-based financial institution. Failure to comply with these requirements can result in forfeiting the right to withhold any portion of the security deposit.
Georgia Eviction Process
Georgia has a streamlined eviction process that favors landlords:
Grounds for Eviction
- Non-payment of rent: No grace period required by law
- Lease violations: Can be grounds for immediate termination
- Criminal activity: Allows for expedited eviction
- End of lease term: No additional notice required
- Month-to-month termination: 60 days' notice unless lease specifies shorter period
- Property damage: Material damage can justify immediate action
Eviction Procedure
- Demand for possession: Can be immediate for non-payment
- Filing dispossessory warrant: Filed with local magistrate court
- Service of summons: By sheriff, posted on door if no one present
- Tenant answer period: 7 days to respond
- Hearing: Typically scheduled 1-2 weeks after answer period
- Writ of possession: Issued if tenant loses, typically enforceable within 7 days
Note: Georgia's eviction laws generally favor landlords with an expedited process. However, "self-help" evictions (changing locks, removing belongings, shutting off utilities) are still illegal. Landlords must use the formal court process to legally remove a tenant.
Additional Georgia-Specific Lease Provisions
Maintenance Responsibilities
Georgia maintenance requirements include:
- No specific statutory warranty of habitability, but common law applies
- Basic duties to maintain structural elements and utilities
- No repair and deduct provision in state law
- Tenant responsibilities should be clearly defined in lease
- Landlord's duty to maintain common areas
- Local housing codes may impose additional requirements
Rent Payment and Late Fees
Georgia rental payment regulations:
- No statutory grace period for rent payments
- Late fees must be reasonable and specified in lease
- No statutory limit on late fee amounts
- No rent control laws in Georgia
- Returned check fees limited to $30 or 5% of check amount
- Landlord must accept rent if offered prior to filing eviction
Early Termination and Subleasing
Georgia early termination provisions:
- No statutory right to terminate early
- Military personnel have rights under federal law (SCRA)
- Domestic violence victims have no special statutory protections
- Subleasing requires landlord's consent unless lease states otherwise
- Assignment of lease typically requires landlord approval
- Early termination fees should be specified in lease
Abandoned Property
Georgia abandoned property rules:
- No specific statutory requirements for handling abandoned property
- Recommended to provide notice before disposing of items
- Documentation of abandoned property should be maintained
- Lease should specify handling of abandoned property
- Property left after surrender or abandonment may be disposed of
- High-value items should be handled with extra care
Need a Georgia-Compliant Lease?
Our Georgia Residential Lease Agreement template includes all state-required disclosures and provisions, customizable for your specific property details. We also offer specialized templates for Atlanta Properties and Room Rental Agreements.
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