Georgia Lease Agreement

Required Landlord Disclosures (6)

When the tenant signs the lease, landlords must also ask them to review and sign several notices dictated by state and local laws. These disclosures are designed to ensure landlords and tenants are both fully aware of the condition of a property and specific aspects of the rental agreement.

Georgia requires the following disclosures.

1. Lead Paint: Federal law requires landlords in all states to disclose to tenants at the time of lease signing the status of lead-based paint and lead-based paint hazards for all units constructed before 1978.

2. Flooding: If the property has flooded in the past or if any flooding has damaged the unit, landlords must inform the tenant in writing. Not disclosing previous flooding incidents can cause the landlord to be liable for any damage caused by flooding during the lease term (OCGA § 44-7-20).

3. Death or Disease: While landlords do not need to volunteer the information, if the tenant asks if there was a death or person afflicted with disease on the property, the landlord must answer truthfully (OCGA § 44-1-16).

4. Security Deposit: Georgia landlords must give tenants written notice of the location of the security deposit account (OCGA § 44-7-31).

5. Move-In / Move-Out Checklist: Landlords must provide tenants with a comprehensive list of all existing damage to the property before collecting the security deposit. The tenant has the right to inspect the unit to ensure the list is accurate before signing the disclosure. When the lease is terminated, the landlord must inspect the property again and compile a list of any damages. The landlord can then withhold security deposit funds equal to the repair costs of those damages not included on the move-out checklist (OCGA § 44-7-33).

6. Landlord / Agent Identification: The landlord, or person authorized to manage the property, must disclose their names and addresses to the tenant. If there is a change, they must notify the tenant in writing within 30 days (OCGA § 44-7-3).

Security Deposit Regulations

Maximum Security Deposit Amount: Georgia security deposits cannot exceed two months’ rent (OCGA § 44-7-30.1).

Receipt of Deposit: Although a landlord is not legally required to provide a written receipt for the security deposit, it is good practice to document the amount, date, and location of the institution holding the deposit.

Deduction Tracking: If the landlord withholds funds from the security deposit for repairs beyond normal wear and tear, they must provide a written statement that lists the reasons for the withholding and a list of the damages (OCGA § 44-7-34).

Returning a Tenant’s Security Deposit: Landlords must return the security deposit to the tenant within 30 days of the last day of the lease agreement. If the landlord has made reasonable efforts to return the security deposit, but the tenant’s last known address has returned the letter undelivered, the landlord can keep the security deposit after 90 days (OCGA § 44-7-34).

Landlord’s Access to Property

Advance Notice: No law dictates how much notice a landlord must give tenants before entering the property. However, landlords can incorporate entry notices into the rental agreement.

Immediate Access: Georgia landlords can legally enter the property in cases of emergency or where allowed by the terms of the rental agreement.

Landlord Harassment: A landlord who repeatedly enters a tenant’s unit without notice could be charged with landlord harassment and interfering with a tenant’s right to quiet enjoyment of a property. Harassment could allow a tenant to break the lease without penalty (OCGA § 51-9-1).

Rent Payment Laws

Grace Period: Landlords are not required to build in a grace period for rent in Georgia.

Late Rent Fees: There is no limit to late fees imposed by Georgia law.

Tenant’s Right to Withhold Rent: While not explicitly listed in Georgia statutes, the Georgia Landlord-Tenant Handbook does note that tenants can deduct the cost of repairs that landlords refuse to make if the landlord does not do so in a reasonable timeframe. Tenants must hire a licensed repair professional and notify the landlord in writing of the plan to do so while keeping all copies of any receipts for the work done (Georgia Landlord-Tenant Handbook).

Ending a Lease

Month-to-Month: Landlords must provide 60 days’ notice, and tenants must provide 30 days’ notice when ending a month-to-month lease agreement (OCGA § 44-7-7).

Fixed-Term: Tenants in Georgia can end a lease early and without penalty only if certain qualifying conditions exist. Reasons include the tenant entering active military duty, landlord harassment, uninhabitable living conditions, or if the tenant is the victim of domestic or sexual violence (OCGA § 44-7).

Property Abandonment: Georgia law doesn’t specifically indicate what a landlord should do with property left behind by a tenant after their lease expires. However, in eviction cases, landlords are not obligated to return the property and can dispose of it immediately (OCGA § 44-7-55).

Renewing a Lease

Required Renewals: Georgia landlords are not obligated to renew a tenant’s lease at the end of the term but must provide notice, in writing, at least 60 days before the end of the lease.

Required Notice: Landlords must give tenants at least 60 days’ notice for yearly and month-to-month leases they do not intend to renew (OCGA § 44-7-7).

Rent Control & Stabilization

Georgia does not have rent control or rent stabilization laws statewide; however, some local jurisdictions may have enacted such policies. Landlords should comply with local guidelines before determining how much to increase their rent.