Georgia Lease Agreements (7) | Residential & Commercial

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Updated January 12, 2023

A Georgia lease agreement is a document between a landlord and tenant to use property in exchange for payment. The responsibilities of utilities and services to the property are negotiated between the parties and outlined in the agreement. The landlord, prior to signing, will commonly verify the tenant’s credit and employment through a rental application.

After approving the tenant’s financials, a lease will be written and signed with the tenant required to pay the first month’s rent and security deposit (if any) before move-in.

Rental Application – Before authorizing a lease, the potential tenant’s credentials should be verified by collecting their employment, credit, and other related information.

Table of Contents

Agreement Types (7)

Standard Residential Lease Agreement – Fixed-term version for residential tenancies provided by the Department of Community Affairs (DCA).

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Association of Realtors Agreement – Provided by the Georgia Association of Realtors for residential tenancies.

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Commercial Lease Agreement – For any type of business-related space, including retail, office, industrial, and storage.

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Month-to-Month Lease Agreement – Known as a “tenancy at will.” The agreement has no end date but may be canceled with a termination letter.

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Rent-to-Own Lease Agreement – A typical fixed-term contract that includes a provision to allow for the sale of the property.

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Room Rental (Roommate) Agreement – To come to terms with others that share the same living space within a residence.

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Sublease Agreement – Between the lessee and a sub-lessee for the use of the property until the end of the lessee’s rental term or any other period as agreed by the parties. Typically the landlord’s consent is required.

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Required Disclosures (4)

Flood Disclosure (PDF | MS Word | ODT) (§ 44-7-20) – If there has been flooding three (3) or more times in the last five (5) years, it must be made aware to the tenant prior to move-in.

Identification (§ 44-7-3) – The lease must include a person of contact, including their name and address.

Move-in / Move-out Inspection Form (§ 44-7-33) – Upon the landlord’s acceptance of the security deposit, they must list all prior damage on the premises.

Lead-Based Paint Disclosure – Per federal law, if the residential dwelling was built prior to 1978, this document must be attached to the rental contract.

Security Deposits

Maximum Amount – No statutory limit. The landlord may request as much as desired.

Returning (§ 44-7-34) – The landlord must give the deposit back to the tenant within one (1) month of the termination date.

When is Rent Due? (Grace Period)

Rent is due on the date mentioned in the lease. Georgia does not have a grace period for tenants. If rent is late, the landlord can begin eviction proceedings by sending the tenant a notice to quit.

Late Fees

Maximum Penalty – There is no statutory maximum for late rent. The laws mention that the landlord can charge interest on the owed rent. The maximum interest rate (usury rate) is 16% per annum (§ 7-4-2(a)(2)).

NSF Fee (§ 13-6-15) – $30 or 5% of the check amount, whichever is greater.

Right to Enter (Landlord)

There are no statutes that govern the right of entry by a landlord into the tenant’s residence. It is recommended that the landlord provide reasonable notice, such as 24 or 48 hours, as required in most states.

Use the Landlord’s Notice to Enter to give advance notice to the tenant of a future entry.

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