A Georgia residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
The following disclosures are required for some or all residential lease agreements in Georgia.
| Disclosure | Applicability |
|---|---|
| Landlord’s Name/Address | All Units |
| Flooding | All Units with 3 Floods in 5 Years |
| Move-In Checklist | All Units Requiring a Security Deposit |
| Lead Paint | All Units Built Prior To 1978 |
Applicable to all Georgia rental units.
Georgia leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information. [1]
Applicable to any Georgia property with a history of flooding (at least three instances of damage within the past five years).
Georgia landlords must give notice to tenants of prior flooding if the property has flooded at least three times within the past five years. This includes noting all damage from flooding caused to the living space in the unit. [2]
Applicable to all Georgia rentals charging a security deposit.
Georgia landlords must provide a move-in checklist to inventory existing property damage, when the tenant takes possession of the rental property. This enables accurate deductions from the security deposit upon move-out.
Applicable to any Georgia rental units built prior to 1978.
For any property built before 1978, federal law requires that a Gerogia residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:
The below lease agreement disclosures and addenda are not required by Georgia law. However, these disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. In Georgia there are no restrictions on late fees, but returned check fees are capped at $30 (if the check amount is under $600) or 5% of the check value (if greater than $600). [3] |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Georgia landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | In Georgia, when multiple rental units share a utility meter for the whole building or property, the landlord may charge separately for utilities through the installation of a submetering system or ratio billing system. A shared utilities disclosure informs tenants how utilities are metered and billed. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Some Georgia cities, like Atlanta, have more comprehensive rules than the statewide standard. Always check local laws.
Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal repercussions or monetary penalties, either from a tenant lawsuit or from state officials.
Failure to provide a required flood notice may make a landlord liable for damages in Georgia.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
…(a) At or before the commencement of a tenancy, the landlord or an agent or other person authorized to enter into a rental agreement on behalf of the landlord shall disclose to the tenant in writing the names and addresses of the following persons:
(1) The owner of record of the premises or a person authorized to act for and on behalf of the owner for the purposes of serving of process and receiving and receipting for demands and notice…
…When the owner of real property, either directly or through an agent, seeks to lease or rent that property for residential occupancy, prior to entering a written agreement for the leasehold of that property, the owner shall, either directly or through an agent, notify the prospective tenant in writing of the property’s propensity of flooding if flooding has damaged any portion of the living space … at least three times during the five-year period immediately preceding the date of the lease.
An owner failing to give such notice shall be liable in tort to the tenant and the tenant’s family residing on the leased premises for damages to the personal property of the lessee or a resident relative of the lessee which is proximately caused by flooding which occurs during the term of the lease…
…(b) The payee may charge the maker of the check, draft, or order a service charge not to exceed $30.00 or 5 percent of the face amount of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored, when making written demand for payment…
How Long Can a Residential Lease Be in Georgia? Depending on circumstances, in Georgia it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can’t be for a term of more than one year in Georgia, and a lease without a specific term is treated as an at-will tenancy, unlike many states. Read more » Is a Contract to Lease Binding in Georgia? Yes, a contract to lease is legally binding in Georgia. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term. Read more » Do Lease Agreements Need to Be Notarized in Georgia? No, lease agreements do not need to be notarized in Georgia. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid. Read more » Can a Lease Automatically Renew in Georgia? Yes, a lease can automatically renew in Georgia. Most rental agreements will automatically renew when the initial tenancy period is over. Past this point, the lease becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease. Read more »
