Georgia Residential Lease Agreement

Introduction

A Georgia residential lease agreement is a legally binding contract between a landlord (property owner) and a tenant for the rental of residential property. This comprehensive guide covers all aspects of Georgia landlord-tenant law, including state statutes, required disclosures, security deposits, rent payment terms, landlord rights of entry, lease termination procedures, and eviction processes. ^[1]

Georgia landlord-tenant relationships are primarily governed by Title 44, Chapter 7 of the Official Code of Georgia Annotated, commonly known as the Georgia Landlord-Tenant Act. ^[2] This legislation establishes the rights and responsibilities of both landlords and tenants throughout the rental relationship.

Required Disclosures

Georgia law mandates several specific disclosures that landlords must provide to tenants before or at the time of lease execution:

Landlord's Name and Address

At the start of the lease period, the landlord or their authorized agent must provide the tenant with their name(s) and address(es) in writing. ^[3] This information enables tenants to properly deliver legal notices and communications. If any changes occur to this information during the tenancy, the landlord must forward the updated details to the tenant within 30 days, either by mail or by posting in a common area. ^[4]

Move-In/move-Out Condition Checklist

Before accepting a security deposit, landlords who own more than ten (10) rental units (including units owned by their spouse and/or children) or who employ a management agent must provide the tenant with a complete written list of existing damage to the premises. ^[5] The tenant must be allowed to inspect the unit to verify the accuracy of this list, and both parties must sign the document. This formal move-in inspection process protects both landlord and tenant by establishing a baseline condition of the property.

Lead-Based Paint Disclosure

Federal law requires landlords to provide a lead-based paint disclosure for any residential dwelling built before 1978. ^[7] Landlords must give prospective tenants an EPA-approved pamphlet titled "Protect Your Family from Lead in Your Home," disclose any known lead-based paint hazards, provide available records and reports, include a Lead Warning Statement in the lease, and have all parties sign and date the disclosure. ^[8]

Additional Georgia requirements apply if a child under age six is found to have lead poisoning and resides in a dwelling with lead hazards—the owner must take steps to reduce those hazards. ^[9]

Flood Disclosure (Conditional)

If a dwelling has flooded three or more times in the past five years, landlords must notify tenants of this flood history in writing before the tenant signs the rental agreement. ^[10] This disclosure allows tenants to make informed decisions about potential flood risks.

Security Deposits

Maximum Amount

**Georgia law does not impose a statutory limit on the amount landlords may request as a security deposit. **Landlords have discretion to set security deposit amounts based on their risk assessment and property management needs. ^[11]

Escrow Account Requirement

Landlords who own more than ten (10) rental units (including units owned by their spouse and/or children) or who contract with a management agent must place security deposits in a bank escrow account to be used solely for security deposits, or post bond with the superior court clerk. ^[12] If kept in escrow, the landlord must provide written notice to the tenant about the location of the security deposit account.

Interest Payments

Georgia law does not require landlords to pay interest on security deposits. ^[13]

Return Timeline

All landlords, regardless of the number of units owned, must return the security deposit within one month (30 days) after the lease termination date or the surrender and acceptance of the premises, whichever occurs last. ^[14] If the landlord intends to withhold all or part of the deposit due to property damage, they must send the tenant an itemized statement within the same 30-day period detailing the damages, estimated repair costs, and any remaining refund.

Permitted Deductions

Landlords cannot retain security deposits to cover normal wear and tear that occurs from the tenant using the property for its intended purpose. ^[15] However, landlords may deduct for:

• Physical damage to the premises by the tenant, household members, pets, or guests
• Damage caused by negligent or careless acts
• Damage due to accident or abuse of the property
• Unpaid rent or late charges
• Unpaid pet fees
• Unpaid utilities that were the tenant's responsibility under the lease
• Damages to the landlord caused by early lease termination

Penalties for Wrongful Withholding

If a landlord refuses to refund a security deposit, the tenant may file a lawsuit to recover the deposit, plus interest accrued while wrongfully withheld, attorney fees, and court costs. ^[16] Landlords who own more than ten units or use a management agent can be liable for three times the amount wrongfully withheld plus attorney fees, unless the withholding was a genuine mistake that occurred despite reasonable procedures.

Rent Payment Terms

Due Date and Grace Period

**Georgia does not provide a statutory grace period for rent payments. **Rent is due on the date specified in the lease agreement. ^[17] If rent is late, the landlord can immediately begin eviction proceedings by sending the tenant a notice to pay or quit.

Late Fees

Georgia statute does not impose a maximum limit on late rent fees. ^[18] However, landlords may charge interest on owed rent at the maximum usury rate of 16% per annum. ^[19] Late fees should be clearly specified in the lease agreement and must be reasonable.

Non-Sufficient Funds (NSF) Check Fees

For bounced or returned checks, landlords may charge a maximum fee of $30 or 5% of the check amount, whichever is greater, plus any bank fees incurred. ^[20]

Repair-And-Deduct / Withholding Rent

**Georgia law allows tenants to use a "repair-and-deduct" remedy under specific circumstances. **If the landlord fails to make repairs within a reasonable time after receiving written notice, the tenant may hire a qualified and licensed professional to perform the required repair at reasonable cost and deduct the expense from future rent. ^[21]

**Important Procedures: **The tenant must (1) immediately give written notice of the problem to the landlord, ^[22] (2) notify the landlord in writing of their intent to use repair-and-deduct before arranging the repair, (3) only spend a reasonable amount for the repair without improving the property beyond fixing the defect, (4) keep copies of all receipts and obtain a detailed statement from the professional, and (5) send copies of receipts with any remaining rent due to the landlord.

**CAUTION: **Even if the landlord fails to make repairs, the tenant generally must continue to pay rent. ^[23] If the tenant withholds rent without following proper procedures, the landlord can consider it a breach of the lease and pursue eviction. Tenants should get multiple estimates and ideally secure landlord agreement on repair costs before proceeding.

Landlord's Duty to Maintain Property

Residential landlords have a statutory duty to keep rental units in a safe, habitable condition and in good repair. ^[24] Specifically, landlords must:

• Maintain the building structure
• Keep electrical, heating, and plumbing systems in working order
• Exercise ordinary care to keep the unit and common access areas safe for tenants

Unless specifically provided in the lease, landlords are not responsible for carpet cleaning, or for air conditioning, appliances, or fences—**EXCEPT **that if the landlord provides these amenities, they become responsible to repair them. ^[25]

Landlord's Right to Enter

General Access

Georgia law does not define a required notice period for landlords to enter rental units. ^[26] Landlords may enter units according to language in the lease agreement. Typically, leases stipulate that landlords may have reasonable access with notice. In most cases, providing written notice at least 24 hours in advance is considered reasonable.

If the lease does not give the landlord the right to enter the unit, a tenant could legally refuse entry except in cases of emergency. ^[27] However, best practice is for landlords and tenants to reach mutually acceptable solutions regarding property access.

Emergency Access

While Georgia statutes do not specifically address emergency access, landlords can typically enter immediately if they believe an emergency situation exists that threatens the property or occupants. ^[28]

Breaking a Lease / Early Termination

Non-Payment of Rent

If a tenant fails to pay rent, the landlord may use an immediate notice to quit to begin the eviction process. ^[29] Georgia law does not require a grace period or cure opportunity—the landlord can demand immediate possession and file a dispossessory (eviction) affidavit in magistrate court.

Non-Compliance With Lease Terms

Georgia statute does not specify a required notice period for lease violations. Unless the lease states otherwise, the landlord may terminate the tenancy without notice immediately following a violation. ^[30]

Self-Help Evictions / Lockouts Prohibited

**Georgia law strictly prohibits landlords from locking out tenants or using self-help eviction measures. **The only legal way to remove a tenant from a rental unit is to go through the court dispossessory process and obtain a writ of possession. ^[31] During the eviction process, tenants are allowed to remain in possession until a court decision is rendered, and landlords cannot cut off utilities.

Tenant's Duty to Continue Paying Rent

If a tenant abandons the unit or terminates the lease early without authorization, Georgia law does not require the landlord to find another tenant or re-rent the unit. ^[32] Unless the lease specifies otherwise, the landlord can allow the unit to remain vacant and hold the tenant responsible for rent through the end of the lease term. This rule applies unless the landlord accepts the tenant's surrender of the property by retaking possession and re-renting it.

Exceptions for Military Service and Court Orders

Tenants may terminate leases without penalty in certain circumstances pursuant to military orders or court orders. ^[33] The federal Service Members Civil Relief Act and Georgia law (O.C.G.A. § 44-7-22) provide protections for active military members, allowing lease termination with 30-day written notice when receiving qualifying military orders. ^[34]

Lease Termination

Month-To-Month Tenancies (tenancy-At-Will)

For month-to-month tenancies or tenancies-at-will, landlords must provide 60 days' written notice to terminate or increase rent, while tenants are only required to give 30 days' notice.^[35] A tenancy-at-will is created when a tenant occupies property and pays rent without a written lease, or when a written lease expires and the landlord continues to accept monthly rent.

Unclaimed/abandoned Property

Outside of the eviction process, Georgia statutes do not outline specific requirements for handling unclaimed personal property left by tenants. ^[36] Landlords should refer to lease provisions when dealing with former tenants' belongings.

After an eviction with a writ of possession, the landlord must remove the tenant's personal property and place it on some portion of the landlord's land. ^[37] The landlord must use reasonable care when removing property, but once removed, owes no further duty to protect it.

Eviction Process (dispossessory Proceedings)

Georgia law establishes a formal court process called "dispossessory proceedings" for evicting tenants. ^[38] The process includes the following steps:

Demand for Possession

The landlord must first demand that the tenant immediately surrender possession and vacate the premises. ^[39] While oral demands are legally sufficient, written demands are strongly recommended for evidence purposes. The demand should be dated, list the tenant's name and premises address, specify the lease violation or reason for eviction, and state the timeframe for compliance.

Filing Dispossessory Affidavit

If the tenant refuses or fails to vacate, the landlord files a dispossessory affidavit under oath in the magistrate court of the county where the rental property is located. ^[40] The affidavit must state the landlord's name, tenant's name, reason for removal, verification that possession was demanded and refused, and any rent or money owed.

Service of Summons on Tenant

The dispossessory affidavit must be legally served on the tenant through one of three methods: (1) personal delivery to the tenant, (2) delivery to a competent adult residing in the unit, or (3) "tack and mail"—tacking the notice on the door and sending by first-class mail. ^[41]

Tenant Answer (7-Day Response Period)

The tenant must respond verbally or in writing within seven (7) days from the date of service. ^[42] If the seventh day falls on a Saturday, Sunday, or legal holiday, the answer is due the next business day. If the tenant fails to respond, the lawsuit goes into default and the court can immediately grant a writ of possession.

The tenant's answer must contain any legal defenses and counterclaims against the landlord (such as failure to make repairs or wrongfully withheld security deposits). ^[43] Failure to include counterclaims in the answer may prevent the tenant from asserting them later.

Hearing and Judgment

If the tenant files an answer, a hearing is scheduled where both parties present evidence. ^[44] The court will issue a decision based on the evidence and legal arguments presented.

Writ of Possession

If the court rules for the landlord, the landlord requests a writ of possession requiring the tenant to move within seven (7) days. ^[45] The sheriff will supervise the physical removal of the tenant if they refuse to leave voluntarily.

Appeals

Either party may appeal within seven (7) days from the date judgment was entered. ^[46] Tenants who wish to remain in the unit during the appeal must pay court costs and any rent amounts found due, plus future rent as it comes due. An appeal prevents the writ of possession from being executed while the case is pending.

Special Protections and Additional Requirements

Fair Housing and Anti-Discrimination

Federal and Georgia Fair Housing Laws prohibit landlords from discriminating based on race, color, religion, sex, disability, familial status, or national origin. ^[47] Discrimination can take many forms, including refusing to rent, imposing different terms, steering tenants to particular units, or making statements indicating preferences based on protected classes.

Military Service Members As Tenants

The federal Service Members Civil Relief Act provides significant protections for active military members, including: (1) relief from eviction if military service makes rent payment difficult, (2) the option to postpone court proceedings for a mandatory minimum of 90 days, (3) the ability to set aside default judgments entered during active duty, and (4) the right to terminate leases without penalty when receiving qualifying military orders. ^[49]

Georgia law also allows service members meeting certain requirements to terminate leases entered into on or after July 1, 2005, by giving the landlord 30 days' advance written notice. ^[50]

Additional Topics

Roommates and Joint Tenancy

When multiple tenants sign a lease, each roommate who is in a tenant relationship with the landlord can be held responsible for the full amount of rent due. ^[51] If one roommate moves out, the remaining roommates are still liable for the entire rent, though they may sue the departing roommate in a separate civil action to recover their share.

Subletting

The lease determines whether a tenant can sublet the rental unit. Often, subletting requires the landlord's written permission. ^[52] A subtenant has the right to use and occupy the rental property from the original tenant, not directly from the landlord. The original tenant remains liable to the landlord for rent and any damages caused by the subtenant.

Visitors and Occupancy

Unless restricted in the lease, landlords generally cannot limit reasonable visitors who do not disrupt other residents. ^[53] However, tenants should not allow visitors to spend the night repeatedly or receive mail at the unit without permission, as this may constitute an unauthorized occupant and violate the lease.

Utilities and Master Metering

Tenants should clarify whether utilities will be paid by the landlord or tenant before signing a lease. Some landlords use "master metering," where multiple tenants' usage is measured by the same meter with utility service in the landlord's name. ^[54] The landlord then divides costs among tenants and common areas. Tenants should understand how utility bills will be calculated before committing to a lease.

Foreclosure Impact on Tenancies

If rental property is foreclosed, the original landlord-tenant relationship ends and the tenant becomes a "tenant at sufferance" with the new owner—meaning they remain without permission. ^[55] New owners may begin eviction proceedings immediately. However, if new owners accept or demand rent from a tenant at sufferance, this can create a valid month-to-month tenancy, which may delay the eviction process.