Georgia Lease Agreement PDF

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Georgia Lease Agreement

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.

Landlord-Tenant Laws

Review Title 44: Chapter 7 – Landlord and Tenant to better understand the state’s necessary code of conduct between lessors and lessees.

Georgia’s Consumer Protection Division provides a Landlord-Tenant Handbook that gives a condensed overview of the landlord & tenant’s rights, contract requirements, and eviction policies.

Required Landlord Disclosures

Death/Disease (§ 44-1-16) – If inquired, a landlord or agent acting on their behalf must disclose to the best of their knowledge if a death had occurred within the confines of the property or if there was an individual infected with a contagious disease residing within the premises (unless they are restricted by federal law).

Flood (§ 44-7-20) – If flooding has occurred within the property a minimum of three (3) times within the past five (5) years, the lessor is obligated by law to disclose this information prior to the execution of the lease/rental agreement.

Lead-Based Paint (42 U.S. Code § 4852d) – For residential housing constructed before 1978, it is a federal requirement to include a lead paint/hazard disclosure within a rental or lease agreement.

The disclosure must include a pamphlet that educates readers about the dangers connected to the harmful material as well as any information specific to the property being rented.

Owner/Agent Identification (§ 44-7-3) – Before the start of the occupancy, the landlord or authorized representative must supply the lessee with the names & addresses of the owner (or their agent) and the individual/entity in charge of managing the premises.

Pre-existing Defects (§ 44-7-33(a)) – The landlord must provide a list of any defects/damages that may be contained within the property prior to receiving the prospective tenant’s security deposit.

Security Deposit Location (§ 44-7-31) – If the security deposit funds are being held in an escrow account, the lessor is liable to inform the lessee in writing of the account’s location.

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.

Security Deposit Maximum

There is no regulation that limits the amount one can charge for a security deposit.

That being said, the average security deposit in the state of Georgia is one (1) month’s rent.

Security Deposit Return

Landlords are required to return the full security deposit amount to the tenant within a thirty (30) day time frame from the moment of the contract’s expiration (§ 44-7-34).

Landlord’s Entry

There is no period of time prescribed by the state for a landlord to give advanced notice before entering the premises of a tenant.

Generally, a minimum notice of twenty-four (24) hours before entry is considered customary.

(View the Landlord Access to Rental Unit section of the Georgia Landlord Tenant Handbook for more details.)

Language English
No. of Pages12
PDF Size2 MB

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