Georgia Residential Lease Agreement
Georgia caps security deposits at 2 months' rent, refundable within 30 days after move-out. Create a free Georgia lease agreement. Attorney review available.
Introduction
A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property: the rent, the term, the security deposit, each side's responsibilities, and how the tenancy ends. In Georgia the relationship is governed by O.C.G.A. Title 44, Chapter 7, as amended by the 2024 Safe at Home Act (HB 404). For leases entered into or renewed on or after July 1, 2024, a landlord cannot demand or receive a security deposit worth more than two months' rent, combined across all refundable deposits, under O.C.G.A. Section 44-7-30.1. If a tenant leaves owing no rent and causing no damage, the Georgia Department of Community Affairs Landlord-Tenant Handbook confirms the deposit must be returned within 30 days. Georgia requires the lease to disclose the owner's or authorized agent's name and address for notices (O.C.G.A. Section 44-7-3), and, for a property that has flooded at least three times in the past five years and damaged the living space, a written flood-history disclosure before signing (O.C.G.A. Section 44-7-20). Federal law separately requires a lead-based paint disclosure for housing built before 1978. Georgia has no statute fixing entry-notice hours; the lease itself sets the terms, and reasonable access after notice is the accepted norm outside of an emergency. Since HB 404, every Georgia lease is deemed to include an implied warranty that the premises are fit for human habitation (O.C.G.A. Section 44-7-13). Attorney review is available as an option before you sign.
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Key Things to Know
- 1
A residential lease agreement is a legally binding contract between a landlord (lessor) and a tenant (lessee) that sets the rent, term, security deposit, and each party's responsibilities for a Georgia rental home, and spells out how the tenancy ends.
- 2
Georgia caps combined security deposits at two months' rent for leases entered into or renewed on or after July 1, 2024 (O.C.G.A. Section 44-7-30.1), and the landlord must return the deposit within 30 days after move-out if no rent is owed and there is no damage.
- 3
Required disclosures include the owner's or authorized agent's name and address for notices (O.C.G.A. Section 44-7-3), a flood-history disclosure if the property has flooded three or more times in five years (O.C.G.A. Section 44-7-20), and the federal lead-based paint disclosure for pre-1978 housing.
- 4
Georgia has no statute setting entry-notice hours. The lease itself controls; the accepted norm is reasonable access after notice, with an exception for emergencies.
- 5
There is no statutory cap on late fees and no statutory grace period in Georgia. Any grace period and late-charge amount are whatever the lease itself sets.
- 6
For a tenancy at will (no fixed lease term), the landlord must give 60 days' notice to end the tenancy or to raise the rent, and the tenant must give 30 days' notice to end it, under O.C.G.A. Section 44-7-7.
- 7
Georgia has no statewide rent control, and state law reportedly preempts counties and cities from regulating residential rent (O.C.G.A. Section 44-7-19); there is also no statutory just-cause eviction requirement, so termination follows the lease plus the statutory notice periods.
Key decisions before you file
Before you file a Residential Lease Agreement in Georgia, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.
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Georgia Requirements for Residential Lease Agreement
Security Deposit Cap and Escrow Rules
For leases entered into or renewed on or after July 1, 2024, a landlord cannot demand or receive a combined security deposit worth more than two months' rent (O.C.G.A. Section 44-7-30.1). Landlords who own more than 10 rental units, including units owned by a spouse or children, or who use a management agent, must hold the deposit in a separate escrow account or post a bond with the superior court clerk (O.C.G.A. Section 44-7-31).
Security Deposit Return and Itemization
If the tenant vacates owing no rent and causing no damage, the landlord must return the security deposit within 30 days. On any retention, the landlord must give the tenant a written itemized statement of exact reasons within 30 days (O.C.G.A. Section 44-7-34); no amount may be withheld for ordinary wear and tear.
Move-In Condition List for Larger Landlords
A landlord who owns more than 10 rental units, including units owned by a spouse or children, or who uses a management agent, must give the tenant a complete list of existing damage before accepting the security deposit, let the tenant inspect the unit to confirm accuracy, and have both parties sign the list (O.C.G.A. Section 44-7-33).
Required Disclosures: Flood History and Owner Contact
The lease must disclose the owner's or authorized agent's name and address for legally required notices (O.C.G.A. Section 44-7-3), and, if the property has flooded three or more times in the past five years and damaged the living space, a written flood-history disclosure before signing (O.C.G.A. Section 44-7-20). Federal law separately requires a lead-based paint disclosure for pre-1978 housing.
Entry Notice
Georgia has no statute fixing entry-notice hours. The lease itself sets the terms, and the accepted norm is reasonable access after notice, with an exception for emergencies; entering at unreasonable times can put the landlord in breach of the lease.
Late Fees and Grace Period
Georgia sets no statutory cap on late fees and no statutory grace period. The amount of rent, the due date, any grace period, and any late charge or returned-check charge are matters the lease itself must address.
Month-to-Month Termination and Rent-Increase Notice
For a tenancy at will (no fixed lease term), the landlord must give the tenant 60 days' notice to end the tenancy or to raise the rent, and the tenant must give the landlord 30 days' notice to end it (O.C.G.A. Section 44-7-7). After a 60-day rent-increase notice, a new tenancy at will begins at the new rent amount.
Rent Control Status and Habitability Duty
Georgia has no statewide rent control, and state law reportedly preempts counties and cities from regulating residential rent amounts (O.C.G.A. Section 44-7-19); confirm current text before relying on this preemption in a specific dispute. Since the 2024 Safe at Home Act, every lease is also deemed to include an implied warranty that the premises are fit for human habitation (O.C.G.A. Section 44-7-13).