DocDraft Logo

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.

0/5000

Key Things to Know

  1. 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. 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. 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. 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. 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. 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. 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.

Open the Residential Lease Agreement guide

Customize your Residential Lease Agreement Template with DocDraft

GEORGIA RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] (the landlord, or lessor) and [TENANT NAME] (the tenant, or lessee), for the residential property at [FULL RENTAL ADDRESS], Georgia (the premises). O.C.G.A. Section 44-7-3 requires the landlord to give the tenant the owner's or authorized agent's name and address for legally required notices at signing.

  2. TERM This lease begins on [START DATE] and ends on [END DATE] as a fixed-term lease, or continues month-to-month as a tenancy at will if no fixed term is stated.

  3. RENT Tenant will pay $[AMOUNT] per month, due on the [DAY] of each month. Georgia sets no statutory grace period and no statutory cap on late fees; any grace period and late charge are set entirely by this lease. Fill in: grace period of [NUMBER] days; late charge of $[AMOUNT] or [PERCENT]%.

  4. SECURITY DEPOSIT Tenant will pay a security deposit of $[AMOUNT]. For leases entered into or renewed on or after July 1, 2024, this cannot exceed two months' rent, combined across all refundable deposits (O.C.G.A. Section 44-7-30.1). A landlord owning more than 10 rental units, including units owned by a spouse or children, or using a management agent, must hold the deposit in a separate escrow account or bond (O.C.G.A. Section 44-7-31) and give tenant a move-in condition list first (O.C.G.A. Section 44-7-33). Within 30 days after move-out, if tenant owes no rent and caused no damage beyond ordinary wear and tear, landlord must return the deposit or give a written itemized statement of deductions (O.C.G.A. Section 44-7-34).

  5. DISCLOSURES Landlord discloses: (a) Lead-Based Paint Disclosure, required by federal law for housing built before 1978; (b) Flood Disclosure under O.C.G.A. Section 44-7-20, required if the premises has flooded three or more times in the past five years and damaged the living space; (c) owner or authorized agent name and address for notices, per Section 44-7-3 above.

  6. ENTRY Georgia sets no statutory entry-notice hours. Landlord may enter for inspection, repair, or showing after giving tenant reasonable notice, except in an emergency. This lease's notice period, if any, is: [NUMBER] hours/days.

  7. MAINTENANCE AND USE Tenant will use the premises only as a residence, keep it clean and undamaged beyond ordinary wear and tear, and promptly notify landlord of needed repairs. Since the 2024 Safe at Home Act, every lease is deemed to include an implied warranty that the premises are fit for human habitation (O.C.G.A. Section 44-7-13), obligating landlord to keep the premises in repair.

  8. TERMINATION If this lease has no fixed term (a tenancy at will), landlord must give tenant 60 days' notice to end the tenancy or raise the rent, and tenant must give landlord 30 days' notice to end it (O.C.G.A. Section 44-7-7). Georgia has no statewide rent control, and state law reportedly preempts local rent-control ordinances (O.C.G.A. Section 44-7-19); Georgia also has no statutory just-cause eviction requirement, so termination otherwise follows this lease plus the notice periods above.

SIGNATURES

[LANDLORD NAME], Landlord [TENANT NAME], Tenant Date: [DATE] Date: [DATE]

Note: This is a compact Georgia skeleton governed by O.C.G.A. Title 44, Chapter 7, as amended by the 2024 Safe at Home Act (HB 404). For the complete, customizable template, see the full Residential Lease Agreement template.

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).

Frequently Asked Questions

A Georgia residential lease should identify the landlord and tenant, the rental address, the rent amount and due date, the security deposit amount, and the lease term. It must disclose the owner's or authorized agent's name and address for notices under O.C.G.A. Section 44-7-3, a flood-history warning if the property has flooded three or more times in five years under O.C.G.A. Section 44-7-20, and, for pre-1978 housing, the federal lead-based paint disclosure. Since the 2024 Safe at Home Act, every lease also carries an implied warranty that the unit is fit for human habitation.

For leases entered into or renewed on or after July 1, 2024, Georgia law caps all combined refundable security deposits at two months' rent under 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, and must give the tenant a move-in condition list before accepting the deposit.

Yes. A Georgia residential lease agreement template is free to create here; you fill in the rental details and it is ready to review and sign, with attorney review available as an optional add-on rather than a required step.

No. Georgia law does not require a residential lease agreement to be notarized or witnessed to be valid. The lease is enforceable once both the landlord and tenant sign it; notarization is not part of the statutory requirements in O.C.G.A. Title 44, Chapter 7.

Georgia has no statute dictating entry-notice hours; the lease itself sets the rule. The Georgia DCA Landlord-Tenant Handbook explains that most leases allow the landlord reasonable access after giving notice, and that entering at unreasonable times can breach the lease. If a lease gives the landlord no entry right, a tenant can refuse entry except in an emergency.

Georgia requires the owner's or authorized agent's name and address for legally required notices (O.C.G.A. Section 44-7-3) and a written flood-history disclosure when the property has flooded three or more times in the past five years and damaged the living space (O.C.G.A. Section 44-7-20). Federal law separately requires a lead-based paint disclosure for housing built before 1978.

A month-to-month arrangement without a fixed term is treated as a tenancy at will under O.C.G.A. Section 44-7-7. The landlord must give 60 days' notice to end the tenancy or to raise the rent, while the tenant needs to give only 30 days' notice to end it. After a 60-day rent-increase notice, a new tenancy at will begins at the new rent amount.

Yes, but Georgia sets no statutory cap on late fees and no statutory grace period; the amount of any late charge and any grace period is whatever the parties agree to in the lease itself. Read the rent-payment clause carefully before signing so the late-fee terms are clear.