Georgia Lease Agreement Create a Georgia Lease Agreement

Georgia Lease Agreement

Published Dec 06, 2025
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A Georgia Lease Agreement is a legal document that outlines the terms of a rental arrangement in the state of Georgia.

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GEORGIA LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") is entered into on this (the "Effective Date"), by and between:

LANDLORD:
(hereinafter referred to as "Landlord"), with a mailing address of:

AND

TENANT(S):
(hereinafter referred to as "Tenant").

I. PROPERTY

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the real property and improvements located at the following address (hereinafter referred to as the "Premises"):

Street Address:
City of , State of Georgia, Zip Code

The Premises includes the following fixtures and appliances:

II. TERM OF LEASE

The term of this Agreement shall be (check one):

III. RENT

The Tenant shall pay to the Landlord the sum of $ per month as Rent. Rent is due on the day of each month.

Rent shall be paid by the following method(s):

Rent shall be made payable to:
And sent to the following address:

IV. LATE CHARGES AND RETURNED CHECKS

If Rent is not paid by the day of the month, the Tenant shall pay a late fee of $.

If any check offered by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment," or any other reason, Tenant will pay Landlord a returned check charge of $ (not to exceed the amount allowed by O.C.G.A. § 13-6-15).

V. SECURITY DEPOSIT

Upon execution of this Agreement, the Tenant shall deposit with the Landlord the sum of $ (the "Security Deposit").

A. Escrow Account Requirements (O.C.G.A. § 44-7-31):
If the Landlord owns more than ten (10) rental units or employs a third-party management agent, the Security Deposit shall be held in an escrow account established only for that purpose at:

Bank Name:
Address:

B. Return of Deposit (O.C.G.A. § 44-7-34):
The Security Deposit shall be returned to the Tenant within thirty (30) days after the termination of this Agreement and the surrender of the Premises. The Landlord may deduct from the Security Deposit only for:
1. Non-payment of rent;
2. Late fees;
3. Unpaid utility charges;
4. Cleaning charges (if the Tenant fails to leave the Premises in clean condition);
5. Repair of damages to the Premises caused by the Tenant, excluding ordinary wear and tear; and
6. Actual damages for breach of this Agreement.

If any deductions are made, the Landlord shall provide the Tenant with a written statement listing the exact reasons for the retention of any portion of the Security Deposit.

VI. MOVE-IN INSPECTION AND DISCLOSURE OF DAMAGES

Pursuant to O.C.G.A. § 44-7-33, prior to the Tenant tendering a Security Deposit, the Landlord shall provide the Tenant with a comprehensive list of any existing damages to the Premises. The Tenant shall have the right to inspect the Premises to ascertain the accuracy of the list. Both parties shall sign the list, which shall serve as conclusive evidence of the accuracy of the existing damages.

VII. USE OF PREMISES

The Premises shall be used and occupied by the Tenant and the following immediate family members/occupants only:

The Premises shall be used for residential purposes only. No business or commercial activity shall be conducted on the Premises.

VIII. UTILITIES

The responsibility for payment of utilities and services shall be as follows:

Electricity:

Water/Sewer:

Gas:

Trash Collection:

Internet/Cable:

Landscaping:

IX. MAINTENANCE AND REPAIRS

A. Landlord's Duties: The Landlord shall keep the Premises in good repair and is responsible for maintaining the structural soundness of the roof, floors, walls, and foundation, as well as all plumbing, electrical, and heating systems, in accordance with O.C.G.A. § 44-7-13.

B. Tenant's Duties: The Tenant shall keep the Premises clean, sanitary, and in good condition. The Tenant shall promptly notify the Landlord of any necessary repairs. The Tenant shall be responsible for any damage caused by the Tenant's negligence or misuse, or that of their guests.

X. RIGHT OF ENTRY

The Landlord shall have the right to enter the Premises during reasonable hours for the purpose of inspection, making necessary repairs, or showing the Premises to prospective buyers or tenants. Except in cases of emergency, the Landlord agrees to provide the Tenant with at least twenty-four (24) hours' notice prior to entry.

XI. PETS

XII. GEORGIA SPECIFIC DISCLOSURES

A. Flood Disclosure (O.C.G.A. § 44-7-20):
Has the Premises been damaged by flooding at least three (3) times during the five (5) year period immediately preceding the execution of this lease?

B. Identification of Owner and Agent (O.C.G.A. § 44-7-3):
The following person is authorized to manage the Premises and receive service of process and notices:

Name:
Address:

The owner of record of the Premises is:

Name:
Address:

C. Lead-Based Paint Disclosure:
If the Premises was constructed prior to 1978, the Landlord must provide a Lead-Based Paint Disclosure.

Year Built:

XIII. DEFAULT

If the Tenant fails to pay rent when due or fails to comply with any term of this Agreement, the Landlord may terminate this Agreement.

1. Non-Payment: If Rent is unpaid when due, the Landlord may demand possession of the Premises. If the Tenant refuses, the Landlord may file a Dispossessory Affidavit in the Magistrate Court pursuant to O.C.G.A. § 44-7-50.

2. Breach of Lease: If the Tenant breaches any other provision of this Lease, the Landlord may provide written notice of the breach. If the breach is not cured within days, the Landlord may terminate the Lease.

XIV. ABANDONMENT

If the Tenant vacates the Premises without notice and Rent is unpaid for a period of days, the Premises shall be deemed abandoned. The Landlord may enter the Premises and re-let the property. The Tenant shall remain liable for any deficiency in Rent until the Lease term expires or the property is re-rented.

XV. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.

XVI. ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral. This Agreement may not be modified or amended except by a written document signed by both parties.

XVII. ADDITIONAL TERMS AND CONDITIONS

Additional provisions are as follows:

XVIII. SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

LANDLORD:
Signature: _________________________
Print Name: _______________
Date:

TENANT(S):
Signature: _________________________
Print Name: _______________
Date:

What is a Georgia Lease Agreement?

A Georgia Lease Agreement is a legally binding contract entered into by a landlord and a tenant to outline the terms and conditions for renting a property within the state. This document serves as the foundational framework for the tenancy, detailing critical information such as the monthly rent amount, lease duration, and security deposit requirements. It provides legal protection for both parties by establishing clear expectations and recourse in the event of a dispute or breach of contract, ensuring compliance with the Official Code of Georgia Annotated (O.C.G.A.).

Governing Laws and Statutory Requirements

Landlord-tenant relationships in the state are primarily governed by Title 44, Chapter 7 of the Official Code of Georgia Annotated. Unlike some jurisdictions that heavily regulate every aspect of the tenancy, Georgia is often characterized as a landlord-friendly state with relatively few restrictions on rent control or late fees. However, strict adherence to state statutes is required regarding security deposits and eviction procedures. Additionally, federal laws such as the Fair Housing Act prohibit discrimination based on race, color, national origin, religion, sex, familial status, or disability.

Mandatory Disclosures in Georgia

For a Georgia Lease Agreement to be fully compliant, specific disclosures must be provided to the tenant prior to or at the time of signing. Failure to include these disclosures can result in legal penalties or the inability to withhold security deposits for damages.

Flooding Disclosure

Under O.C.G.A. § 44-7-20, if a residential property has been damaged by flooding at least three times during the five-year period immediately preceding the date of the lease, the landlord must notify the prospective tenant in writing. This disclosure must be made before the lease is signed to ensure the tenant is aware of potential risks.

Identification of Owner and Agent

According to O.C.G.A. § 44-7-3, the rental contract must disclose the names and addresses of the property owner and the person authorized to manage the premises. This ensures the tenant knows exactly where to send legal notices or demands.

Lead-Based Paint

While this is a federal requirement rather than a state statute, it applies to all rentals in Georgia built before 1978. Landlords must provide an EPA-approved information pamphlet and disclose any known presence of lead-based paint hazards in the building.

Security Deposit Regulations

Georgia law imposes specific requirements on how security deposits are handled, particularly for landlords who own more than 10 rental units or employ a property management company. Under O.C.G.A. § 44-7-31, these landlords must place security funds in an escrow account established only for that purpose and inform the tenant of the account's location. Alternatively, they may post a surety bond.

Furthermore, O.C.G.A. § 44-7-33 mandates a comprehensive move-in and move-out inspection process. Prior to tendering a security deposit, the tenant must be presented with a list of existing damages. Upon termination of the lease, the landlord has three business days to inspect the property and compile a list of damages estimated to be deducted from the deposit. The tenant generally has the right to inspect the premises within five business days after termination to verify the landlord's claims.

Required Elements of a Valid Georgia Lease Agreement

To ensure enforceability in a court of law, the document should contain specific components that define the relationship and obligations of both parties. Missing elements can lead to ambiguity and legal challenges.

  • Parties Involved: Full legal names of the landlord and all adult tenants responsible for the lease.
  • Property Description: The complete physical address of the rental unit, including unit numbers where applicable.
  • Lease Term: The start and end dates of the tenancy, or specifications for a month-to-month arrangement.
  • Rent Details: The amount of rent due, the due date, acceptable payment methods, and any grace periods or late fees.
  • Security Deposit: The amount collected, the terms for its return, and the location of the escrow account if required by law.
  • Signatures: Dated signatures from the landlord and all tenants to signify mutual assent.

Termination and Eviction Procedures

The process for ending a tenancy in Georgia depends on the type of agreement. For a tenancy at will (where there is no fixed lease term), O.C.G.A. § 44-7-7 requires the landlord to provide sixty days' notice to terminate, while the tenant must provide thirty days' notice. For fixed-term leases, the contract usually expires naturally on the end date unless a renewal clause exists.

In cases of non-payment or lease violations, the landlord cannot forcibly remove the tenant or their belongings without a court order. The legal eviction process, known as a dispossessory proceeding, begins with a demand for possession. If the tenant refuses to leave, the landlord must file a dispossessory affidavit with the magistrate court. Self-help evictions, such as changing locks or shutting off utilities, are illegal in Georgia.

Frequently Asked Questions

There is no statutory limit on the amount a landlord can charge for a security deposit in Georgia. However, the amount is typically equivalent to one or two months of rent depending on the tenant's creditworthiness.
No, a lease agreement in Georgia does not generally need to be notarized to be legally binding. It is valid as long as it is signed by both the landlord and the tenant, although leases for periods longer than one year are sometimes witnessed to ensure validity against third parties.
Georgia law does not have a specific statute restricting a landlord's right of entry or mandating a notice period. Consequently, entry rights are usually defined within the lease agreement itself, with 24 to 48 hours of notice being the standard practice.
No, Georgia prohibits local governments from enacting rent control ordinances. Landlords are free to charge whatever rent the market will bear, provided they do not raise rent during a fixed lease term unless the contract allows for it.
Under O.C.G.A. § 44-7-34, a landlord must return the security deposit, along with a written statement listing any deductions for damages, within one month (30 days) after the termination of the lease and the surrender of the premises.
Yes, oral lease agreements are valid in Georgia for tenancies of one year or less. However, written agreements are strongly recommended to provide clear proof of the terms and to avoid "he said, she said" disputes in court.

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