Georgia Residential Lease Agreement

Important Information for Georgia Landlords

Georgia Rental Law Highlights

Security Deposits (O.C.G.A. § 44-7-30 to 44-7-37)

• No Maximum Amount: Georgia does not limit security deposit amounts
• Return Timeline: 30 days after termination to return deposit or provide itemized list
• Written List Required: Must provide itemized list of deductions with amounts
• Escrow/Surety Bond: Must either hold in escrow OR post surety bond
• Three Months Rule: If deposit held 3+ months, must use escrow or surety bond
• Forwarding Address: Tenant must provide in writing to receive deposit return
• Penalties: Wrongful retention can result in treble damages plus attorney fees
• Normal Wear and Tear: Cannot deduct for ordinary wear and tear

Rent and Rent Increases

• No Rent Control: Georgia prohibits rent control
• No Notice Required: For fixed-term lease expiration
• Month-to-Month: 60 days notice required for rent increase or termination
• Late Fees: Must be reasonable and specified in lease
• Grace Period: Not required by state law
• Returned Check Fee: Can charge statutory fee for NSF checks

Required Disclosures

• Lead-based paint disclosure (pre-1978 properties) – Federal requirement
• Flooding disclosure (must disclose if property is in flood zone)
• Security deposit escrow/surety bond information
• Landlord or authorized agent name and address
• Smoke detector information
• Carbon monoxide detector information (if applicable)
• Move-in checklist or joint inspection (recommended)
• Georgia Landlord-Tenant Handbook (recommended)

Eviction and Termination (O.C.G.A. § 44-7-50 to 44-7-55)

• Demand for Possession: Required before eviction for nonpayment
• Immediate Notice: For lease violations (no cure period required)
• 60-Day Notice: To terminate month-to-month tenancy (either party)
• Holdover Tenants: Can charge up to double rent for holdover
• Dispossessory Action: Court proceeding required for eviction
• Fast Process: Georgia has one of the fastest eviction processes
• No Self-Help: Lockouts and utility shutoffs are illegal

Landlord Obligations

• Habitability: Must maintain premises in habitable condition
• Essential Services: Running water, hot water, heating, electricity
• Structural Soundness: Roof, walls, floors in good repair
• Smoke Detectors: Must provide and maintain (tenant replaces batteries)
• Building Codes: Must comply with applicable codes
• Common Areas: Must keep safe and clean
• Repairs: Must make repairs within reasonable time

Entry Requirements

• No Specific Statute: Georgia law does not specify notice requirements
• Best Practice: 24 hours advance notice recommended
• Reasonable Hours: Entry should be during reasonable hours
• Emergency Exception: Can enter without notice in emergency
• Lease Provisions: Should specify entry terms in lease

Tenant Rights and Protections

• Repair Rights: Can withhold rent or repair and deduct under certain conditions
• Retaliation Protection: Limited statutory protections
• Privacy Rights: Should give reasonable notice for entry
• Domestic Violence: Some protections for victims
• Constructive Eviction: Tenant can vacate if property uninhabitable

Pet Policies

• Pet Deposits: No state limit on pet deposits
• Pet Rent: Can charge monthly pet rent
• Non-Refundable Fees: Can charge non-refundable pet fees
• Service Animals: Must allow under Fair Housing Act; no fees permitted
• Assistance Animals: Must accommodate with proper documentation
• Breed Restrictions: Generally allowed but check local ordinances

Georgia-Specific Considerations

Security Deposit Escrow/Surety Bond (O.C.G.A. § 44-7-31)

• If deposit held less than 3 months: Can hold in landlord’s account
• If deposit held 3+ months: Must either:
  • Hold in escrow account in Georgia or adjacent state bank, OR
  • Post surety bond equal to deposit amount
• Must disclose which method is being used
• Must provide bank name/address or surety bond info

Move-In/Move-Out Inspection

• Not required by law but highly recommended
• Use detailed checklist documenting condition
• Take photos/videos at move-in and move-out
• Both parties should sign inspection report
• Protects both landlord and tenant in disputes

Hot Climate Considerations

• Air conditioning is important in Georgia heat
• Specify who is responsible for AC maintenance
• Include provision for AC filter changes (typically tenant)
• Address pest control (common in Georgia climate)
• Lawn care responsibilities in lease

Smoke and Carbon Monoxide Detectors (O.C.G.A. § 25-2-40)

• Landlord must provide working smoke detectors
• Required in every bedroom and common areas
• Carbon monoxide detectors required if fuel-burning appliances
• Landlord installs and provides initial batteries
• Tenant responsible for maintaining and replacing batteries
• Tenant cannot disable or remove detectors

Abandonment (O.C.G.A. § 44-7-55)

• Property presumed abandoned if tenant absent and rent unpaid
• Landlord can take possession after proper notice
• Must store abandoned personal property
• Must notify tenant of abandoned property
• Can dispose after holding period expires

Fair Housing Requirements

Best Practices for Georgia Landlords

• Use written leases for all tenancies (Georgia law is landlord-friendly but lease is crucial)
• Conduct thorough move-in/move-out inspections with photos
• Provide all required disclosures before tenant signs
• Choose escrow or surety bond option for deposits held 3+ months
• Comply with 30-day security deposit return timeline
• Provide itemized list of deductions with amounts
• Give reasonable notice before entry (24 hours recommended)
• Respond promptly to repair requests (especially AC in summer)
• Keep detailed records of all transactions
• Address pest control and lawn care in lease
• Never use self-help eviction methods
• Follow proper dispossessory process for evictions
• Consider landlord insurance
• Join local landlord associations (Georgia Apartment Association)

Atlanta and Local Ordinances

• Atlanta has rental registration requirements in some areas
• Various counties may have additional requirements
• Some municipalities have occupancy limits
• Check local building and housing codes
• Verify local business license requirements

Holdover Tenants (O.C.G.A. § 44-7-7)

• Landlord can charge double rent for holdover tenants
• Must be specified in lease or notice
• Applies to tenants remaining after lease expires
• Powerful incentive for timely vacancy

Landlord’s Lien (O.C.G.A. § 44-14-320 to 44-14-366)

• Georgia allows landlord’s lien on tenant’s property
• Can secure unpaid rent
• Must follow statutory procedures
• Exempt property includes clothing, tools of trade, etc.
• Rarely used due to complexity

Mold Issues

• No specific Georgia mold statute
• Falls under general habitability requirements
• Landlord should address moisture problems promptly
• Tenant should report water intrusion immediately
• Include mold prevention clause in lease (recommended)

Resources

• Official Code of Georgia Annotated (O.C.G.A.) – Title 44, Chapter 7
• Georgia Department of Community Affairs
• Georgia Apartment Association
• Georgia Association of Realtors
• State Bar of Georgia – Real Property Section
• Atlanta Legal Aid Society
• Local landlord associations