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 |
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Download: PDF, Word (.docx) |
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Download: PDF, Word (.docx) |
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Download: PDF, Word (.docx) |
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Download: PDF |
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Download: PDF, Word (.docx) |
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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?
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
NSF Fees
Security Deposit Maximum ($)
Security Deposit Return
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
Emergency Entry: Landlords can enter, specifically in cases of emergency. Georgia Landlord-Tenant Handbook P. 13
Absence
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
Tenant Breaking a Lease (Early)
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?
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
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.







