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 (lessor) and the individual interested in occupying the property (lessee) must come to an accord on how the tenancy will transpire and insert the details within the contract.

Last updated January 11th, 2026

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 (lessor) and the individual interested in occupying the property (lessee) 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. This particular contract is to be used for leases of no more than a total of a year in duration.Download: PDF

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

Download: PDF, Word (.docx)

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

Download: PDF, Word (.docx)

Month-to-Month Lease – Falling under the category of “tenancy at will”, this type of lease can be canceled at any time. For the lessor, they must provide at least sixty (60) days’ notice of termination, the lessee only needs to provide thirty (30) days’ notice if they decide to end the tenancy (§ 44-7-7).

Download: PDF, Word (.docx)

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.

Download: PDF

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

Download: PDF, Word (.docx)

Sublease Agreement – A contract used to re-rent property from the current lessee to what is known as a “sub-lessee”.

Download: PDF, Word (.docx)

 

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)) – 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.

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 bank penalties.

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)
A dispossessory affidavit (if the landlord specifically believes the tenant is permanently absent and must reclaim the property). GA Code § 44-7-50

Repair and Deduct

Tenants have the option repair and deduct after notice; however, only if the lease explicitly forbids it. unless the lease states otherwise. Abrams v. Joel, 108 Ga. App. 662, 134 S.E.2d 462 (1963)

Tenant Breaking a Lease (Early)

Duty To Mitigate: Landlords are not generally required to control during termination; however 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 require landlords keep the premises habitable; however tenants can claim constructive eviction under certain circumstances:
The premises is unihabitable
The issue cannot be repaired through ordinary means
They are no longer living there.

Is an Oral Lease enforceable?

Oral leases, including common law leases, are valid as well as enforceable for a period of one year or less.

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 store or care for unclaimed property after a writ of possession.

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.