Georgia Laws
Requirement to Record: Options to purchase are not legally required to be recorded to be enforceable between the original parties. However, an option must be recorded to preserve legal priority with regard to a third party.[1]
Expiration: Georgia law does not establish a specific expiration period for constructive notice. Therefore, by default, notice expires when the option expires.
Maximum Term: State law does not establish a maximum term for a residential lease.
No Duration: If no duration is explicitly defined for the option itself, it will automatically expire with the lease.
Signing Requirements: Must be in writing and signed by the seller.[2]
Required Disclosures (4)
1. Landlord’s Name and Address – At the start of the lease period, the landlord (or authorized agent) must provide the tenant with their name(s) and address(es). Any changes to this information must be forwarded to the tenant within 30 days.[3]
2. Lead-Based Paint Disclosure & EPA Pamphlet – Per federal law, if the residential dwelling was built prior to 1978, this document must be attached to the rental contract.[4]
3. Move-in / Move-out Inspection Form – Before collecting the security deposit, the landlord must share the current condition of the premises.[5]
4. Flood Disclosure (conditional) – If there has been flooding three or more times in the last five years, the tenant must be notified prior to move-in.[6]
Seller’s Disclosures (1)
1. Seller’s Property Disclosure Statement (optional) – A specific, standard disclosure form is not required by law in the State of Georgia. However, it is considered best practice to provide one for the buyer.