HomeRocketRent Logo

Georgia

A Georgia lease agreement establishes a legally binding relationship between landlords and tenants, wherein the use of property is exchanged for a fee. This document outlines the terms negotiated by both parties, including monthly rent, payment methods, security deposit details, utilities, and other services related to the premises. Additionally, state laws mandate specific rental requirements and disclosures that must be included in the lease agreement.

SimpleBasicLease_Georgia

SimpleBasicLease_Georgia

Rental Lease Laws Overview

In Georgia, there are no rent control laws in place, and landlords are not required to have a license. There is no statutory limit on late fees, and while late fees can be included in the rental agreement, there is no grace period provided for late rent payments.

Required Lease Disclosures

Landlords in Georgia are obligated to provide several disclosures to tenants, including:

  • Further Contact Details: A written disclosure of the names and addresses of the owner or the owner’s authorized agent for service of process.
  • Security Deposits: An itemized list of existing damages to the premises must accompany details about the security deposit.
  • Disclosure of Lead-Based Hazards: Required for buildings constructed before 1978, as mandated by federal law.
  • Disclosure of Flood Hazard Area: Tenants must be informed of any flooding incidents that occurred in the past five years.
  • Fire Safety and Protection Addendum: Landlords of residential buildings three or more stories tall must ensure adequate fire prevention features are maintained.

Security Deposit

The security deposit in Georgia is capped at no more than two months’ worth of rent. There are no specified requirements for providing receipts or paying interest on these deposits. Landlords must place security deposits in an escrow account and inform tenants of its location. Security deposits must be returned within 30 days after the lease termination date, and if a deposit is not returned, the landlord may be liable to pay triple the deposit amount.

Rent Payments

Rent is due as specified in the lease agreement, and landlords have the discretion to charge any amount they deem appropriate for their rental unit. While there is no limit on late fees, “bounced check fees” are capped at $30 or 5% of the check’s value, whichever is greater. There is no grace period for late payments, and landlords can initiate eviction proceedings with a 3-day notice to pay or quit if rent is late. Tenants cannot withhold rent due to outstanding repairs or damages; however, if the landlord fails to make necessary repairs after being notified, tenants may hire a professional and deduct the repair costs from their next rent payment.

Landlord Right of Entry

Georgia law recommends that landlords provide notice before entering a property, but this is not a requirement. There are no specified regulations regarding keys, locks, or security measures.

Property Repairs

Landlords are required to maintain the premises in a habitable condition and make necessary repairs or improvements. Tenants are responsible for keeping the property clean, making minor repairs, and adhering to the lease terms. If tenants terminate the lease early, they must continue paying rent, as landlords are not obligated to re-rent the unit. However, tenants may terminate leases without penalty in specific situations, such as military orders or court orders.

Terminating a Lease

For month-to-month tenancies, landlords must provide a 60-day notice for termination, while tenants are required to provide only 30 days’ notice. State law does not specify how to handle unclaimed personal property outside of the eviction process, so landlords should refer to the lease for guidance. After eviction, unclaimed belongings must be moved from the unit to the property, and landlords are not liable for any damage or loss.

Statutes

FAQs

In Georgia, landlords must provide several disclosures in a lease agreement, including the names and addresses of the property owner or authorized agent, details about security deposits and existing damages, a lead-based hazards disclosure for properties built before 1978, information about flood hazards, and a fire safety addendum for residential buildings three or more stories tall.

In Georgia, the maximum amount a landlord can charge for a security deposit is capped at no more than two months’ worth of rent. Additionally, landlords must place security deposits in an escrow account and inform tenants of its location.

Georgia law does not impose a statutory limit on late fees for rent. However, landlords can charge ‘bounced check fees’ that are capped at $30 or 5% of the check’s value, whichever is greater. There is no grace period for late rent payments.

Landlords in Georgia have a ‘duty of habitability,’ which requires them to keep the premises fit for human habitation and make necessary repairs. Tenants are also responsible for keeping the property clean and making minor repairs as outlined in the lease.

In Georgia, a tenant can terminate a month-to-month lease by providing a 30-day notice to the landlord. Conversely, landlords must provide a 60-day notice if they wish to terminate the lease.

In Georgia, after an eviction, unclaimed personal property must be moved from the rental unit to the property, and the landlord is not liable for any damage or loss. The handling of unclaimed property outside the eviction process is not specified by state law, so landlords should refer to the lease for guidance.

In Georgia, tenants cannot withhold rent due to outstanding repairs or damage. However, if a landlord fails to make necessary repairs within a reasonable time after being notified, the tenant may hire a professional to make the repairs and deduct the costs from the next rent payment.