Georgia Roommate Agreement
The Georgia rules that shape the document: the usufruct consent rule for adding a roommate, no lodger law shortcut around eviction, and the advertising ban that survives the owner-occupied exemption.
Find out where you stand in Georgia
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Introduction
A roommate agreement is a private contract between co-tenants who share a home. It is not a lease, and it does not bind the landlord or change what the lease says. In Georgia, a handful of state rules sit on top of the national template: a Georgia lease conveys only a usufruct that cannot be handed to a new occupant without the landlord's consent (O.C.G.A. Section 44-7-1(a)); Georgia has no lodger statute and no roommate-to-roommate eviction right, so removing an unwanted roommate always runs through the landlord's formal dispossessory process; and an owner-occupier who is otherwise free to choose a roommate under Georgia's fair housing exemption still cannot advertise that preference, because the discriminatory-advertising ban survives the exemption. Everything else, the rent split, chores, guests, and quiet hours, is covered by the national template.
Key Things to Know
- 1
Georgia has no lodger law and no roommate-to-roommate eviction right. Only the landlord can remove a tenant, and only through the formal dispossessory process (O.C.G.A. Sections 44-7-49 to 44-7-59). This Agreement cannot authorize a lockout or any other self-help removal.
- 2
A Georgia lease conveys only a usufruct, a personal right of possession that 'may not be conveyed except by the landlord's consent' (O.C.G.A. Section 44-7-1(a)). A roommate who never signed the lease has no independent status with the landlord unless the landlord accepts rent from them directly.
- 3
Each roommate who signs the lease can be held liable for the full rent if another signer stops paying, per Georgia's Landlord-Tenant Handbook (Ga. Dept. of Community Affairs). This rests on the state's own guidance, not a standalone statute, so the roommates should state each person's share in writing.
- 4
Georgia's security deposit statute (O.C.G.A. Sections 44-7-30 to 44-7-37) governs only the landlord-tenant relationship and does not set how roommates split a deposit. The agreement should state each person's contribution and the refund process.
- 5
Georgia has no law like New York's Roommate Law giving a tenant the right to add an occupant over the landlord's objection. Adding a roommate requires the landlord's consent under the lease.
- 6
An owner who occupies one unit in a building of four or fewer units may choose a roommate on nearly any basis under Georgia's owner-occupied fair housing exemption (O.C.G.A. Section 8-3-202(b)(1)(B)), but the same law still bans a discriminatory roommate listing or ad (O.C.G.A. Section 8-3-202(a)(3)).
- 7
Atlanta's city ordinance lists broader protected classes for housing, including sexual orientation and gender identity, but whether it can lawfully expand the state Fair Housing Act for roommate selection is unresolved. Check current local rules before relying on it.
Key decisions before you file
Before you file a Roommate Agreement in Georgia, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.
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Georgia Requirements for Roommate Agreement
Georgia Usufruct and Landlord Consent to Occupancy
A Georgia lease conveys only a usufruct, a personal right of possession that may not be conveyed except by the landlord's consent (O.C.G.A. Section 44-7-1(a)). A roommate who signs the lease is a co-tenant; one who moves in later without signing has no independent status with the landlord unless the landlord accepts rent from them directly or otherwise treats them as a tenant.
Georgia Removal Requires the Landlord's Dispossessory Process
Georgia has no lodger statute and no roommate-to-roommate removal right. Only the landlord may remove someone who has attained tenant status, and only through the formal dispossessory process (O.C.G.A. Sections 44-7-49 to 44-7-59). The agreement should not suggest any self-help removal right.
Georgia Rent Liability Among Signing Roommates
Georgia's Landlord-Tenant Handbook (Ga. Dept. of Community Affairs) states each signing roommate can be held responsible for the full rent if another signer stops paying. This rests on state guidance rather than a separate statute, so no default reimbursement rule exists between roommates; state the split explicitly.
Georgia Security Deposit Split Between Roommates
No Georgia statute addresses how roommates split a security deposit refund; O.C.G.A. Sections 44-7-30 to 44-7-37 govern only the landlord-tenant relationship. State the split or reimbursement rule explicitly in the agreement.
Georgia No Statutory Right to Add a Roommate
No Georgia statute gives a tenant the right to add an occupant over the landlord's objection, unlike New York's Roommate Law. The lease and the landlord's consent control whether a new roommate may move in.
Georgia Roommate Selection and Advertising
Georgia's owner-occupied exemption (O.C.G.A. Section 8-3-202(b)(1)(B)) lets an owner in a building of four or fewer units choose a roommate on nearly any basis, adding no protected classes beyond the federal list. That exemption does not reach advertising: the discriminatory-advertising ban (O.C.G.A. Section 8-3-202(a)(3)) still applies to any listing.
Atlanta Local Overlay (Unresolved Scope)
Atlanta's Human Relations Code lists protected traits beyond the state list, including sexual orientation and gender identity. Whether the ordinance can lawfully expand the state Fair Housing Act's classes for roommate selection is unresolved under O.C.G.A. Section 8-3-220. Parties in Atlanta should check the current ordinance and consider attorney review.