Free Georgia Residential Lease Agreement

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Table of Contents:

What Is a Lease in Georgia
Types of Georgia Lease Agreements
Disclosures for Georgia Lease Agreements
Georgia Lease Agreement Laws
How to Write a Georgia Residential Lease Agreement
Georgia Residential Lease Agreement Sample
Other Real Estate Documents
FAQs About Georgia Lease Agreement

What Is a Lease in Georgia

A lease agreement is a legally binding contract between a landlord and a tenant. This is written to conform to state laws where the property is located. In Georgia these allow both parties to comply with a series of set terms for a specified number of months or years.

Rental contracts and lease agreements have a lot of similarities as they both set out payment plans and the terms of use for a house or apartment. However, the big difference is the duration that they cover. Rental agreements usually only cover short-term tenancies of a few months at a time or month-to-month contracts.

A lease agreement should contain the following details:

How long the tenant may legally reside in the property
How much rent should be paid
Information about the security deposits necessary
When rental installments are due
Any additional costs that must be serviced by the tenant
The rules regarding the proper use of the property
Situations that constitute lease violation eviction procedures

Types of Georgia Lease Agreements

There are many types of GA lease agreement forms that can be used to manage and legally bind different types of rental situations. They allow landlords to rent out various types of property they might have and for tenants to find the best kind of tenancy for their needs.

The most common types of lease agreements in Georgia include:

Standard residential lease agreements: Under a standard lease agreement both the landlord and tenant commit to a fixed set of terms that last for a series of months or years.
Month-to-month rental agreements: Month-to-month lease agreements will often have similar basic terms to standard residential lease contracts. However, they differ as they can be renewed or ended on a month-by-month basis. Their terms may also be flexibly altered each month.
Commercial lease agreements: Commercial leases are provided by landlords of retail property to tenants that intend to use the real estate to run a business.
Room rental agreements: In rental properties with shared living areas a room rental agreement can be used to rent a singular bedroom.
Lease to Own Agreement: This type of agreement features an option for the tenant to eventually purchase the property. It also includes the necessary terms and conditions for this transaction to eventually occur.
Sublease Agreement: a Georgia sublease agreement allows tenants to reassign or ‘sublease’ the property to another individual. This requires the property landlord’s permission and must be specifically allowed in the original lease.

Disclosures for Georgia Lease Agreements

Georgia lease agreements must contain a few disclosures and addendums when they are completed and signed. This is to properly inform the tenant of any health risks or potential issues with the property or details about how the property is managed that they must be aware of.

These essential addendums include the following:

Lead paint disclosure: If the rental unit is in a building constructed before 1978, the landlord or their agent must disclose whether lead paint can be found on the property and must provide safety information for any located on the premises (GA Rule 391.3.24).
Agent/owner identification: The lease agreement must include a section or an addendum that discloses the contact information of the landlord or a chosen agent who will act on their behalf (GA Code § 44-7-3).
Security deposit location: Security deposits must be held in a separate bank account that is only used for holding security deposits. The bank or lending institution must be regulated by the state of Georgia or the United States government.(GA Code § 44-7-31)
Move-in / move-out check list: Landlords in Georgia must inform tenants of the names and addresses of the property's owner and manager before they move in. Any changes need to be notified in written form. (GA Code § 44-7-33).

Georgia Lease Agreement Laws

A GA lease agreement must be written and signed within the laws of Georgia state, otherwise, it will be legally contestable and can be declared invalid and block either party from recourse if a violation is committed. These will police how you start and end the contract and control what procedures you can reasonably ask a tenant to follow.

The most important laws to consider when you are renting a property in Georgia include:

Security deposits: There is no limit to the amount GA landlords can charge if the property is a non-rent control unit. This must be returned to the tenant within one month of vacating the property and returning the keys. Landlords must also give advance notice of any deductions (O.C.G.A. § 44-7-31).
Landlord’s right to enter: Landlords can enter the rental property by without having to give advance notice (a written notice is recommended). However, entry is only allowed according to the conditions specified within the lease agreement. Depending on the agreement in question, this may mean that an entry notification is necessary or that entering is only allowed in the case of an emergency (O.C.G.A. § 44-7-1).

How to Write a Georgia Residential Lease Agreement

To create a legally binding agreement in Georgia, it is necessary to include all relevant information and terms.

Follow these steps to ensure that the agreement is well-written and complies with Georgia legislation:

Determine the parties involved: The lease agreement must state the names of the landlord and tenant(s).
Indicate the property's address and intended use: The agreement must clearly indicate the property's address and how it will be used.
Define the lease terms: Include the start and end dates of the lease, as well as any provisions for extending or renewing it.
Outline payment details: The agreement must state the rent price, payment method, due date, and any fees for late payments.
Describe deposit information: This section should indicate the amount of the security deposit and the timeframe for returning it to the tenant.
List the occupants: If there are any non-paying occupants residing on the property, they must be named in the lease agreement.
Clarify utility responsibilities: This section should define which utilities the tenant(s) are responsible for and which are the landlord's responsibility.
Provide list of furnishings: If the property is furnished, an itemized list must be included in the agreement.
Mention the governing law: The lease agreement must indicate that it will be governed by Georgia state law.
Add a signature section: Include a section where the landlord and tenant(s) can sign the agreement.

Lower the probability of mistakes by using a Georgia Residential Lease Agreement template to write your document.

Georgia Residential Lease Agreement Sample

Before beginning the process of creating a residential lease agreement in Georgia it is sensible to review an example document first. Use our GA lease agreement sample below to find out more about the structure and contents of a fully-fledged rental contract.

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FAQs About Georgia Lease Agreement

It is important to carefully prepare a Georgia lease agreement to suit the needs of the landlord and tenant exactly. To help demystify the process a little simply review our FAQs below to learn more about the specificities of rental contracts in Georgia.

Does a Georgia Lease Agreement Need to Be Notarized?

In the state of Georgia, the notarization of Lease Agreements is not mandatory. For a commercial lease to be legally binding, all parties involved, including the guarantor (if applicable), must simply sign and date the agreement.

However, if landlords and tenants notarize a lease agreement, it adds an extra layer of legal security.

Can a Lease Be Negotiated in Georgia?

Yes, a Georgia residential lease agreement can be negotiated before it is signed. The landlord and tenant will usually discuss the terms before the agreement is put into action. However, once a lease agreement is signed it cannot be altered until it comes to its natural end or is canceled.

When is Rent Late in Georgia?

Late payment for rent is typically considered one day after the due date. Nevertheless, if the Rental Agreement allows for a grace period, it will be acknowledged and does not add to the late fee calculation.

Prior to starting the eviction process, landlords must provide the tenant with a written or verbal notice to pay the rent.

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Preview of your Georgia Residential Lease Agreement

GEORGIA
RESIDENTIAL LEASE AGREEMENT

This Lease Agreement (hereinafter, the "Lease Agreement") is dated as of _________ (hereinafter, the "Effective Date") and is entered into by and between _________ (hereinafter, the "Landlord") and the following tenants:

_________
(hereinafter, the "Tenant(s)").

The Landlord and the Tenant(s) agree as follows:

1. PROPERTY

a) The Landlord is the owner of certain real property and improvements described as a house, located at _________, _________, Georgia _________ (hereinafter, the "Property"). The Property is further described as follows: _________.

b) The Landlord rents to the Tenant(s) and the Tenant(s) rents from the Landlord the Property according to the terms and conditions described in this Lease Agreement.

c) Unless otherwise indicated in the Lease Agreement, no other portion of the building (hereinafter, the "Building") is included in the Lease.

2. OCCUPANTS

a) During the Term of this Lease Agreement, no more than _________ person(s) may reside on the Property unless the prior written consent of the Landlord is obtained.

b) The only individuals permitted to reside on the Property are the following:

_________

c) The Tenant(s) may not permit any guest to stay on the Property longer than _________ consecutive days or _________ days in a calendar year. The Tenant(s)'s guests will not be considered original occupants of the Property under any circumstances.

d) The amount of time the Tenant(s)'s guests may stay on the Property may never be longer than the time permitted by any owners' association rule or restrictive covenant or _________ consecutive days or _________ days in a calendar year, without Landlord's written permission, whichever is less.

3. TERM

The term of the Lease Agreement begins on _________ (hereinafter, the "Commencement Date"), and will terminate on _________ (hereinafter, the "Termination Date").

Upon the Termination Date, the Tenant(s) shall be required to vacate the Property unless one of the following circumstances occur:

a) The Landlord and the Tenant(s) formally extend this Lease Agreement in writing or create, execute and sign a new one.

b) Mandated by local rent control law.

c) The Landlord willingly accepts new Rent from the Tenant(s), which does not constitute past due Rent. In this case, a month-to-month tenancy shall be created, which the Tenant(s) may terminate by giving written notice at least 30 days prior to the intended termination date, and the Landlord may terminate by giving written notice at least 60 days prior to the intended termination date.

4. MANAGEMENT

The Tenant(s) is hereby notified that the Owner or Landlord _________ is the Property Manager in charge of repairs or maintenance of the Property.

If the Tenant(s) has any complaint regarding any issue about the Property, _________ shall be contacted by one of the following methods:

Address: _________
Telephone: _________
Email: _________

5. RENT

All monetary obligations of Tenant(s) to Landlord under the terms of this Lease Agreement, except the Security Deposit, are deemed to be rent (hereinafter, the "Rent").

a) Tenant(s) will pay to Landlord monthly Rent in the amount of $_________ for each full month during this lease. The full month's rent is due and payable not later than the first day of each calendar month, and is delinquent on the next day. If that day falls on a legal holiday, the rent is due on the next business day.

b) Method of Payment: The Tenant(s) shall pay Rent by selecting any of the following forms of payment:

6. NON-SUFFICIENT FUNDS

In the event that any payment by the Tenant(s) is not honored by the institution on which it was drawn or is returned for non-sufficient funds, or if the Tenant(s) stops payment, the Landlord shall charge a monetary fee of $_________ to the Tenant(s) for each such payment as reimbursement of the expenses incurred, plus late charges as described below (if any), until the Landlord has received payment.

Furthermore, the Landlord may require in writing that the Tenant(s) pay all future Rent payments by cash, money order, cashier's check, or any other type of certified fund.

The parties agree that three (3) returned checks in any twelve (12) month period constitutes a frequent return of checks due to insufficient funds and shall be considered a just cause for eviction.

7. UTILITIES AND SERVICES

The Landlord agrees to be responsible for the following utilities and services in connection with the Property:

The Tenant(s) agrees to be responsible for the following utilities and services in connection with the Property:

Water and sewer
Garbage and trash disposal
Gas
Electricity
Heating
Telephone services
Internet
Cable

8. PETS / STRAYS

No animal or pet shall be kept, permanently or temporarily, on or about the Property, even temporarily or with a visiting guest. As provided by law, a Service Animal(s) is not considered a pet, and every individual with a disability shall have a right to have a Service Animal(s) on the Property.

Any animal discovered on or around the property will be considered a stray. Strays shall not be kept or fed in or about the Property. All strays will be reported to the proper authorities and removed at the Tenant(s)'s expense.

9. SMOKING

Smoking is not allowed in or on any area of the Property, including individual units and common areas, both indoors and outdoors. This policy applies to all owners, tenants, or guests.

If the Tenant(s) contravenes this provision by smoking or allowing guests to smoke in any place on the property, then such Tenant(s) shall be held liable for any damages caused to the Property. The violation of this provision shall be considered a just cause for the eviction of the Tenant(s) by the Landlord.

This restriction includes the use of e-cigarettes and vaping.

10. MAINTENANCE

The Landlord will have the responsibility to maintain the Property in good condition at all times and perform all repairs reasonably necessary to meet the implied warranty of habitability of the Property, that is, that the Property is in a safe and livable condition.

11. REPAIRS

All requests for repairs must be in writing and delivered to the Landlord. Only in the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, the Tenant(s) may call the Landlord.

The Tenant(s) may not repair or cause to be repaired any condition, regardless of the cause, without the Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace an item, and the selection of contractors, will be at the Landlord's sole discretion.

If, in an emergency, it shall become necessary to make any repairs or replacements by the Tenant(s) without prior written consent from the Landlord, at Landlord's expenses, and such repairs or replacements are found to be unsatisfactory and to have caused additional damages, the Tenant(s) shall reimburse Landlord for the cost of making such repairs.

12. RENTER'S INSURANCE POLICY

a) During the term of this Lease Agreement and any extension thereof, the Tenant(s) will acquire and maintain, at its sole cost and expense, a Renters' Insurance Policy by a company or companies reasonably satisfactory to the Landlord.

b) The Tenant(s) shall name the Landlord as an additional insured under such policy.

c) The amount of such insurance shall be not less than $_________.

d) The Tenant(s) shall deliver appropriate evidence to the Landlord as proof that adequate insurance is in force. The Landlord shall receive advanced written notice from the insurer prior to any termination of such insurance policies.

The Tenant(s) may be required by the Landlord to maintain any other kind of insurance which the Landlord may deem reasonable for the protection of the Landlord's interest in the Property.

13. PROPERTY INSURANCE

The Landlord and the Tenant(s) agree to be responsible for maintaining property insurance or any other kind of insurance to protect their respective interests in the Property and all of their respective possessions and belongings located in and on the Property.

14. ALTERATIONS AND IMPROVEMENTS

The Tenant(s) shall not make any alterations, additions, redecorations, or any sort of improvements on the leased Property without the Landlord's prior written consent. All additions, alterations, fixtures, or improvements made by the Tenant(s), except movable household furniture, shall become the Landlord's property and remain on the Property as part of the Property and shall be surrendered with the leased premises at the Termination of this Lease Agreement.

15. HAZARDOUS MATERIALS

The Tenant(s) shall not keep or have on the Property any article or item of a dangerous, flammable, or explosive material that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.

16. LANDLORD ACCESS TO PROPERTY

The Landlord and the Landlord's agents shall have the right at all reasonable times, and by all reasonable means during the term of this Lease Agreement and any renewal thereof, to enter the Property for the following purposes:

(i) Survey the Property's condition and take photographs to document the condition.
(ii) Make repairs or improvements to the Property.
(iii) Supply agreed services.
(iv) Show the Property to prospective buyers or tenants.
(v) Exercise a contractual or statutory lien.
(vi) Leave a written notice.
(vii) Seize nonexempt property if the Tenant(s) is in default.

Except in case of emergency, the Landlord will give the Tenant(s) reasonable notice of intent to enter. For these purposes, twenty-four (24) hour written notice will be deemed reasonable.

17. ASSIGNMENT / SUBLETTING

The Tenant(s) acknowledges that this Lease Agreement is not transferable and that the Tenant(s) may not assign or sublet this Lease Agreement, grant any license to use the Property or any interest in the Property or any part thereof, nor mortgage or pledge this Lease Agreement.

The Tenant(s) shall not contravene this provision, unless the Landlord expressly waivers this prohibition in writing, the consent of which the Landlord may, in any case, withhold in its sole and absolute discretion.

18. NOTICES

Notice under this Lease Agreement will be given in accordance with the applicable statute. All other notices shall be deemed sufficient if made as follows:

1) All notices to the Landlord shall be directed by personal delivery or first-class mail to the Landlord at the appropriate address set forth below, until the Tenant(s) is notified, in writing, to the contrary.

2) All notices to the Tenant(s) shall be directed by personal delivery or first-class mail to the Tenant(s) at the Leased Property or any forwarding address provided in writing by the Tenant(s) to the Landlord.

LANDLORD:

_________
_________

TENANT:

_________
_________
_________, Georgia _________

Such addresses may be changed from time to time by any party by providing notice as set forth above.

19. ADDITIONAL PROVISIONS; DISCLOSURES

20. VENUE AND GOVERNING LAW

The exclusive venue is in the county where the Property is located. This Lease Agreement shall be governed, construed, and interpreted by the Laws of the State of Georgia.

IN WITNESS WHEREOF, the Landlord and the Tenant(s) have executed this Lease Agreement in the manner prescribed by law as of the Effective Date.

LANDLORD:

By: ____________________________ Date: ______________
_________

TENANT:

By: ____________________________ Date: ______________
_________

GEORGIA LEASE AGREEMENT
INSPECTION CHECKLIST

The Tenant(s) has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below:

	SATISFACTORY	COMMENTS
Bathrooms	_________	_________________________
Carpeting	_________	_________________________
Ceilings	_________	_________________________
Closets	_________	_________________________
Countertops	_________	_________________________
Dishwasher	_________	_________________________
Disposal	_________	_________________________
Doors	_________	_________________________
Fireplace	_________	_________________________
Lights	_________	_________________________
Locks	_________	_________________________
Refrigerator	_________	_________________________
Screens	_________	_________________________
Stove	_________	_________________________
Walls	_________	_________________________
Windows	_________	_________________________
Window coverings	_________	_________________________
_________	_________	_________________________
_________	_________	_________________________

_____________________

Date