Georgia Rental Agreement
A Georgia rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Georgia landlord-tenant law governs these agreements; rental terms must be within the limits allowed by law.
Georgia Rental Agreement Types
A Georgia residential lease agreement (“rental agreement”) is a legal contract for a tenant to rent a residential property from a landlord, subject to terms and conditions agreed by all parties.
A Georgia month-to-month lease agreement is a contract where a tenant rents property from a landlord. The full rental term is one month, renewable on a month-to-month basis.
Georgia rental application forms are for landlords to screen prospective tenants. A rental application collects information relating to finances, rental history, and past evictions.
A Georgia sublease agreement is a legal contract where a tenant rents out the property to a new tenant, usually with the landlord’s permission.
A Georgia roommate agreement is a legal contract between two or more people who share a rental property according to rules they set. This agreement binds the co-tenants living together, and doesn’t include the landlord.
A Georgia commercial lease agreement is a legal contract arranging the rental of commercial space between a landlord and a business.
Georgia Required Lease Disclosures
- Landlord’s Name and Address(required for all leases) – Georgia leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice.
- Flooding Notice Disclosure(required for some leases) – Georgia property that has been flooded 3 times within the past 5 years must, when rented, provide a notice of the flooding risks involved with the tenancy.
- Move-In Checklist (required for some leases) – Georgia landlords charging a security deposit must provide an inventory of the rental unit’s condition in the form of a move-in checklist. This checklist may be separate from the rental agreement.
- Lead-Based Paint Disclosure(required for some leases) – For any property built before 1978, federal law requires that a Georgia residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in Georgia, click here.
Some Georgia cities, like Atlanta, may require additional disclosures. Local laws apply in addition to state laws.
Georgia Landlord Tenant Laws
- Warranty of Habitability – Georgia landlords can only rent out habitable property, which means providing basic features like heat, plumbing, electricity, and sound structural elements. Landlords must repair any issues within a reasonable time after proper notice from the tenant. Failure to repair lets a tenant sue the landlord, repair and deduct, or terminate the lease.
- Evictions – Georgia landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to pay, comply, or quit, depending on the eviction type. Evictions in Georgia usually take weeks to months.
- Security Deposits – Georgia does not cap the maximum amount of a security deposit. Upon lease termination, a landlord must return any unused portion of a tenant’s security deposit within 30 days.
- Lease Termination – Georgia lets tenants terminate a month-to-month lease with 30 days of advance notice. A fixed-term lease usually can’t be terminated early without cases of active military duty, landlord harassment, an uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Georgia does not limit the amount or frequency of a rent increase. The state likewise does not regulate most late fees or other fees, except that returned check fees are capped at $30 or 5% of the check (whichever is greater).
- Landlord Entry – Georgia landlords may enter rental property for purposes such as maintenance and inspections. With no state-specific entry requirements, landlords in Georgia can enter at reasonable times with reasonable notice (usually 24 hours). Entry requirements are temporarily suspended in emergency situations.
- Settling Legal Disputes – Georgia allows its small claims courts to hear landlord-tenant disputes, as long as the amount in controversy is under $15,000. Unlike many states, Georgia’s small claims courts are allowed to hear eviction cases. The statute of limitations for most landlord-tenant issues is four years.
To learn more about landlord tenant laws in Georgia, click here.
