Georgia Rental Lease Agreement (7)

A Georgia lease agreement is a legal form that is used to record the terms & conditions specific to the use of real property. The individual renting out the property (landlord) and the individual interested in occupying the property (tenant) must come to an accord on how the tenancy will transpire and insert the details within the contract.

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Last updated January 13th, 2026

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A Georgia lease agreement is a legal form that is used to record the terms & conditions specific to the use of real property. The individual renting out the property (landlord) and the individual interested in occupying the property (tenant) must come to an accord on how the tenancy will transpire and insert the details within the contract.

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Lease Agreements (7)

Georgia Association of Realtors Lease for Residential Property: The Realtor form has been created to cover a wide range of lease transactions in the state of Georgia, especially those with a term less than a year.

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Commercial Lease Agreement: Is generally carried out for properties that are intended to generate profit, i.e., accommodate a business.

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Lease to Own Agreement: Customized to fit the needs of tenants who would like the possibility of buying the real estate throughout the duration of the contract.

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Month-to-Month Lease: Falling under the category of “tenancy at will”, this type of lease only requires sixty days’ notice from the landlord to terminate and thirty days’ notice from the tenant to terminate (§ 44-7-7).

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Roommate Agreement: Employed when an individual, who is currently listed on the lease of a residential property, would like to rent out a specific portion of the dwelling to another person.

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Standard Lease Agreement: Caters to both the tenant(s) and landlord(s) by providing physical documentation of the rental of a domicile.

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Sublease Agreement: A contract used to re-rent property from the current tenant to new tenants, thus assuming landlord responsibilities (requires approval).

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Required Landlord Disclosures

1.) 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).

2.) Flood (§ 44-7-20): The landlord must disclose if the property has a history of flooding (at least three (3) times within the past five (5) years).

3.) Lead-Based Paint (42 U.S. Code § 4852d): Including a lead paint/hazard disclosure within a rental or lease agreement for any residential structures dating before 1978 is a federal requirement.

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

5.) Pre-existing Defects (§ 44-7-33(a)): 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.

6.) Security Deposit Location (§ 44-7-31): If the security deposit funds are in an escrow account, the landlord is liable to inform the tenant in writing of the account’s location.

When is Rent Due?

Grace Period: Tenants do not have a grace period to pay rent beyond any considerations unless their lease explicitly allows one (GA Code § 44-7-50(a)).
Unpaid Rent: Landlords issue a 3-day notice to tenants holding delinquent rent that demands they pay or vacate accordingly (GA Code § 44-7-50(b)).

Late Fees

Georgia acknowledges and enforces late fees imposed on delinquent tenant accounts (GA Code § 44-7-50(c)).

NSF Fees

Bounced checks make tenants liable for the greater of fees up to “$30.00 or 5 percent” of the check, in addition to bank penalties (GA Code § 13-6-15).

Security Deposit Maximum ($)

Georgia limits the security deposit amount specifically to two months’ rent (GA Code § 44-7-30.1).

Security Deposit Return

Returning to Tenant: Landlords have 30 days to return the deposit once tenants surrender the premises to landlords. (GA Code § 44-7-34).

Itemized List: Georgia expects landlords to provide a list of “exact reasons” with the balance when deducting for damages (GA Code § 44-7-34).

Landlord’s Right to Enter

Standard Entry: Both tenant and landlord must comply with the lease provisions on entry accordingly (Georgia Landlord-Tenant Handbook P. 13)

Emergency Entry: Landlords can enter, specifically in cases of emergency (Georgia Landlord-Tenant Handbook P. 13).

Absence

Landlords cannot automatically repossess a property with an absent tenant; however, they can pursue:
  • Pay or vacate notice (if the rent is delinquent)
  • An affidavit stating the case in order to proceed to a demand for possession (GA Code § 44-7-50).

Repair and Deduct

Georgia requires landlords to keep the premises habitable; thus, tenants make rent deductions for habitability repairs upon landlord refusal. (Abrams v.Joel, 108 Ga. App. 662, 134 S.E.2d 462 (1963) (GA Code § 44-7-13).

Tenant Breaking a Lease (Early)

Duty To Mitigate: Georgia generally does not regulate a landlord’s mitigation efforts; however, they may not hold military or domestic violence victims responsible after legal termination.
Domestic Violence: Domestic violence victims serve a 30-day lease termination notice; however are responsible for rent until the termination (GA Code § 44-7-23).
Active Military: When tenants in the military are under reassignment or must return to active duty, they may terminate the lease with thirty days’ notice (GA Code § 44-7-22).
Uninhabitable Tenancy: Georgia explicitly requires landlords keep the premises habitable; however, tenants can claim constructive eviction under certain circumstances:
  • The premises remains uninhabitable (e.g., has not been drained after a heavy flood)
  • The issue is not curable through ordinary or reasonable means
  • They are no longer living there. (Georgia Landlord-Tenant Handbook P. 12)

Landlord Harrassment: Georgia law ensures that tenants have a habitable premises free from harassment and allows them to seek damages when appropriate (GA Code § 51-9-1), (GA Code § 44-7-24).

Is an Oral Lease enforceable?

Oral leases, as well as common law leases, are enforceable for one year or less (GA Code § 44-7-2).

Renewing a Lease

Georgia allows leases to govern renewals; however, it bans counties from imposing rent control laws (GA Code § 44-7-19).

Unclaimed Property

Landlords are under no obligation to care for unclaimed property after a writ of possession (GA Code § 44-7-50).

Landlord-Tenant Laws

Review Title 44: Chapter 7 – Landlord and Tenant for Georgia’s legal code of conduct between landlords and tenants. Additionally, Georgia’s Consumer Protection Division provides a Landlord-Tenant Handbook summarizing landlord and tenant rights, contract requirements, and eviction policies accordingly.