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.
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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
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 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'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.
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.
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'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'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.
Frequently Asked Questions
The lease is between the tenants and the landlord. A Georgia roommate agreement is a separate contract between the co-tenants themselves, covering rent splits, chores, guests, and issues Georgia's landlord-tenant statutes do not address, like a security deposit split among roommates or how a departed signer is reimbursed.
No. Georgia has no lodger statute and gives roommates no private right to remove one another. Only the landlord can 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). A lockout or other self-help removal is not authorized by this Agreement and is not lawful under Georgia law.
No. A Georgia roommate agreement is a contract between the co-tenants only. It does not bind the landlord, does not alter the lease, and does not require the landlord to accept a new occupant. Any change to who lives in the unit still runs through the landlord's consent under the lease.
Georgia's Landlord-Tenant Handbook states that each roommate who signs the lease can be held responsible for the full rent if another signer stops paying or moves out. This comes from state guidance rather than a standalone statute, so no default reimbursement rule exists between roommates; state each person's share in the agreement.
Georgia leases convey only a usufruct, a personal right of possession that cannot be handed to someone else without the landlord's consent. A roommate who never signed the lease owes the landlord nothing and has no independent status with the landlord, unless the landlord accepted rent from that roommate directly or otherwise treated them as a tenant.
No Georgia statute addresses this. The deposit statute (O.C.G.A. Sections 44-7-30 to 44-7-37) governs only the landlord-tenant relationship, not how co-tenants divide a refund. Georgia's Landlord-Tenant Handbook (Ga. Dept. of Community Affairs) notes that security deposits are usually divided equally among the tenants, but that is general guidance, not a binding rule. Put the split or reimbursement rule in the roommate agreement so it does not depend on that default.
Yes. Unlike New York, no Georgia statute gives a tenant an affirmative right to add an occupant over the landlord's objection. Whether a new roommate may move in is controlled entirely by the lease and the landlord's consent, not by the roommate agreement.
An owner who occupies one unit in a building of four or fewer independent units may choose a roommate on nearly any basis under Georgia's owner-occupied exemption (O.C.G.A. Section 8-3-202(b)(1)(B)), which tracks the federal Mrs. Murphy exemption. That exemption does not cover advertising: Georgia's discriminatory-advertising ban (O.C.G.A. Section 8-3-202(a)(3)) still applies, so a listing may not state the preference even where the choice itself is exempt.
Atlanta's Human Relations Code lists protected traits beyond state law, including sexual orientation and gender identity, for housing. Whether that city ordinance can lawfully expand the state Fair Housing Act's protected classes for roommate selection is an unresolved legal question, since O.C.G.A. Section 8-3-220 limits how far a city may expand state fair housing rights. Check the current ordinance and consider attorney review.