RESIDENTIAL LEASE AGREEMENT - STATE OF GEORGIA
This Residential Lease Agreement ("Lease") is entered into as of [[Lease Date]] between:
LANDLORD: [[Landlord Full Legal Name or Company Name]] ("Landlord")
Address for Notices: [[Landlord Street Address, City, Georgia, ZIP Code]]
Phone: [[Phone]] | Email: [[Email]]
Property Manager (if any): [[Manager Name, Company, Phone, Email]]
TENANT(S): [[Tenant 1 Full Legal Name]] AND [[Tenant 2 Full Legal Name, or "N/A"]] (jointly and severally, "Tenant")
1. Premises
Landlord rents to Tenant the residential dwelling located at:
[[Full Property Address, Unit No., City, Georgia, ZIP Code]] (the "Premises")
Including:
- Parking: [[Assigned space(s) or "None"]]
- Storage: [[Storage area or "None"]]
- Appliances: [[List included appliances or "As listed in Move-In Report"]]
- Furnishings: [[Furnished / Unfurnished / Partial - see Exhibit B]]
The Premises shall be used solely as a private residential dwelling. No business activity is permitted without prior written consent.
2. Lease Term
[ ] Fixed-Term Lease:
Commencing: [[Start Date]] | Ending: [[End Date]]
At expiration: [ ] Converts to month-to-month | [ ] Expires automatically
[ ] Month-to-Month Tenancy:
Commencing [[Start Date]], continuing month-to-month until terminated by either party with 60 days' written notice. Georgia does not specify a minimum termination-notice period by statute for month-to-month tenancies, but 60 days is standard practice; parties agree to this notice period.
3. Rent
3.1 Monthly Rent. Tenant shall pay monthly rent of $[[Monthly Rent]], due on the [[1st / other]] day of each calendar month.
3.2 Payment Method. Payable to [[Landlord Name]] by [[check / ACH / online portal / money order]] at [[Payment Address or Portal URL]].
3.3 Proration. First-month rent is prorated at $[[Prorated Amount]] for [[Start Date]] through [[End of Month]].
3.4 Late Fee. Georgia law does not mandate a grace period; however, Landlord agrees to a [[5-day / 3-day]] grace period. A late fee of $[[Late Fee Amount]] (not to exceed a reasonable amount - verify against any local ordinance) shall be charged for rent received after the grace period expires.
3.5 Returned Check Fee. $[[Amount, e.g., $35]] per returned or dishonored payment.
3.6 Rent Increase. During a fixed term, rent shall not increase without mutual written agreement. For month-to-month tenancies, Landlord shall provide 60 days' written notice of any rent increase.
4. Security Deposit
4.1 Amount. Tenant shall pay a security deposit of $[[Security Deposit Amount]] at lease signing.
4.2 Georgia Deposit Cap. Georgia imposes no statutory cap on security deposits for most residential rentals as of June 2026 (O.C.G.A. § 44-7-30 et seq.). The agreed deposit amount above is within any applicable local limitations. (Note: Verify whether any local Georgia ordinance in the applicable city or county imposes a deposit cap.)
4.3 Holding. Landlord shall hold the security deposit in [[a separate escrow account / Landlord's general account]]. Georgia does not require that the security deposit be held in a separate interest-bearing account for residential tenancies.
4.4 Itemized Move-In Statement. Within [[3 business days]] after Tenant moves in, Landlord shall provide Tenant with a written itemized statement of the condition of the Premises (O.C.G.A. § 44-7-33). Tenant shall have [[5 business days]] to object in writing to any item in the statement.
4.5 Return - 30-Day Deadline. Within 30 days after Tenant vacates and returns possession, Landlord shall either: (a) return the full security deposit; or (b) provide an itemized written statement of deductions, accompanied by any remaining balance, to Tenant's last known forwarding address (O.C.G.A. § 44-7-34).
4.6 Permitted Deductions. Unpaid rent; actual costs to repair damage beyond normal wear and tear; cleaning costs; other amounts specifically authorized by this Lease.
4.7 Improper Retention Penalty. If Landlord wrongfully fails to return the deposit or provide a proper itemized statement within 30 days, Tenant may recover the deposit plus damages of up to three times the amount wrongfully withheld, plus reasonable attorneys' fees (O.C.G.A. § 44-7-35).
5. Utilities and Services
| Utility | Responsible Party | Notes |
|---|---|---|
| Electricity | [[Landlord / Tenant]] | [[Provider / Account]] |
| Gas / Heating | [[Landlord / Tenant]] | [[Provider]] |
| Water / Sewer | [[Landlord / Tenant]] | [[Provider]] |
| Trash | [[Landlord / Tenant]] | [[Provider]] |
| Internet / Cable | Tenant | Tenant's choice |
| Lawn Care | [[Landlord / Tenant / Shared]] | [[Details]] |
Tenant shall establish all Tenant-responsibility utilities in Tenant's name within [[5]] days of commencement.
6. Landlord's Obligations
6.1 Habitability. Landlord shall maintain the Premises in a habitable condition, including:
- Safe structural components, waterproofing, and weatherproofing;
- Working plumbing, heating, and electrical systems;
- Compliance with applicable building and housing codes;
- Georgia smoke detector requirements: Landlord must provide a working smoke detector in each bedroom and on each floor (O.C.G.A. § 25-2-40); Landlord must test and provide new batteries at the beginning of each tenancy.
6.2 Repairs. Landlord shall make repairs necessary to maintain habitability within a reasonable time (generally [[7-14 days]] for non-emergency; [[24 hours]] for emergency health/safety conditions) after written notice from Tenant.
6.3 Georgia Repair and Deduct. Georgia does not have a general statutory repair-and-deduct right for residential tenants. Tenant's remedies for Landlord's failure to maintain include: rent abatement action in court; termination of Lease after notice and reasonable time to cure; or action for damages.
7. Tenant's Obligations
7.1 Tenant Duties. Tenant shall:
- (a) Keep the Premises clean and in sanitary condition;
- (b) Not damage, destroy, or remove any part of the Premises or grounds;
- (c) Dispose of garbage and waste in a lawful manner;
- (d) Comply with all applicable housing codes and rules;
- (e) Promptly notify Landlord of any needed repairs, leaks, or hazardous conditions;
- (f) Not disturb other tenants' peaceful enjoyment.
7.2 Smoke Detector - Tenant Duties. Tenant must not disable or tamper with smoke detectors (O.C.G.A. § 25-2-40). Tenant is responsible for replacing batteries during the tenancy as needed and for reporting malfunctions to Landlord.
7.3 Alterations. Tenant shall make no alterations to the Premises without prior written consent of Landlord.
8. Landlord's Right of Entry
8.1 Notice. Georgia does not specify a minimum statutory entry-notice period for residential tenants. Landlord agrees to provide at least 24 hours' advance notice before entering for non-emergency purposes (repairs, inspections, showings). Entry shall be at reasonable times.
8.2 Emergency Entry. Landlord may enter without notice for genuine emergencies (fire, flood, gas leak, imminent danger).
8.3 Tenant Abandonment. Landlord may enter without notice if Tenant has abandoned the Premises.
9. Pets
[ ] No Pets. No animals, pets, or livestock permitted without written consent.
[ ] Pets Permitted. The following approved pet(s) only:
| Type | Breed | Weight | Name |
|---|---|---|---|
| [[Dog / Cat / Other]] | [[Breed]] | [[Max lbs]] | [[Name]] |
Pet Deposit / Fee: Refundable pet deposit $[[Amount]] and/or non-refundable pet fee $[[Amount]].
Service animals and ESAs are governed by the Fair Housing Act (42 U.S.C. § 3604); no pet fee may be charged for qualified service animals.
10. Occupancy and Guests
10.1 Authorized Occupants:
- [[Tenant 1]] | [[Tenant 2]] | [[Other occupant(s)]]
10.2 Guests. Guests may not stay more than [[14 consecutive days or 30 days/year]] without prior written consent.
11. Default and Remedies
11.1 Non-Payment. If Tenant fails to pay rent when due, Landlord may serve a written demand for payment. Georgia's statutory "demand and dispossessory" process is governed by O.C.G.A. §§ 44-7-50 to 44-7-59:
- Landlord may serve a written demand for payment or possession on Tenant;
- Tenant has 7 days from service to pay (O.C.G.A. § 44-7-52 - Landlord may accept payment to cure, or may refuse and proceed to dispossessory);
- If Tenant fails to pay or vacate, Landlord files a Dispossessory Warrant in the Magistrate Court.
11.2 Lease Violations. For lease violations other than non-payment, Landlord shall provide written notice and a reasonable opportunity to cure before filing dispossessory.
11.3 Landlord's Remedies. Landlord may:
- (a) File a Dispossessory Warrant in Magistrate Court (O.C.G.A. § 44-7-50);
- (b) Recover possession of the Premises;
- (c) Collect unpaid rent and damages (including rent through the end of the Lease term, less any mitigation); and
- (d) Apply the security deposit to unpaid obligations.
11.4 Landlord's Duty to Mitigate. Georgia requires Landlord to make reasonable efforts to re-let the Premises after Tenant vacates or is evicted, to reduce Tenant's liability.
12. Holdover Tenancy
If Tenant remains in possession after the Lease ends without Landlord's written consent, Tenant is a tenant at will and Landlord may seek dispossessory (O.C.G.A. § 44-7-6). Landlord's acceptance of rent does not create a month-to-month tenancy unless both parties expressly agree.
13. Required Disclosures
13.1 Lead-Based Paint Disclosure. (42 U.S.C. § 4852d; 24 C.F.R. Part 35 - for pre-1978 housing)
Year built: [[Year]]
- [ ] Pre-1978: (Check applicable boxes)
- Landlord [ ] has / [ ] has no knowledge of lead-based paint or hazards in Premises.
- Known lead-based paint: [[Describe or "None"]]
- Records provided: [[Attached / None available]]
- Tenant has received EPA pamphlet "Protect Your Family From Lead in Your Home."
- Tenant [ ] has waived / [ ] has not waived the 10-day inspection period.
- [ ] Post-1977: No lead-paint disclosure required.
13.2 Flooding / Flood Disclosure. Landlord discloses: [[No known flood history / Property is in FEMA flood zone ___; flood insurance may be required / Premises flooded on [date] - details below]].
13.3 Mold Disclosure. Landlord discloses: [[No known mold / Mold condition and remediation: describe]].
13.4 Registered Sex Offender Registry. Tenants may access the Georgia Sex Offender Registry at gbi.georgia.gov/programs-services/georgias-sex-offender-registry.
13.5 Georgia Military Clause (SCRA). Any tenant on active military duty may terminate this Lease pursuant to the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. §§ 3901-4043, upon 30 days' written notice and delivery of qualifying military orders.
14. Move-In / Move-Out Inspection
14.1 Move-In Report (O.C.G.A. § 44-7-33). Landlord shall provide Tenant with a written move-in inspection report within 3 business days of occupancy. Tenant shall note any disagreements and return the report within 5 business days.
14.2 Move-Out. Tenant shall give advance notice of intent to move and allow a joint move-out inspection upon request.
14.3 Return of Premises. Return in same condition as received (normal wear and tear excepted); return all keys and access devices.
15. Insurance
15.1 Renter's Insurance. Tenant is [ ] required / [ ] encouraged to carry renter's insurance.
15.2 Landlord's Insurance. Landlord's property insurance does NOT cover Tenant's personal property.
15.3 Waiver of Subrogation. Landlord and Tenant mutually waive rights of subrogation against each other to the extent permitted by their respective insurers.
16. Joint and Several Liability
All Tenants signing this Lease are jointly and severally liable for all obligations, including rent and damages.
17. General Provisions
17.1 Governing Law. This Lease is governed by O.C.G.A. Title 44, Chapter 7, and the laws of the State of Georgia.
17.2 Venue. Disputes shall be resolved in the Magistrate or Superior Court of [[County Name]] County, Georgia.
17.3 Entire Agreement. This Lease (with all Exhibits) is the entire agreement between the Parties.
17.4 Severability. Invalid provisions do not affect remaining provisions.
17.5 No Waiver. Acceptance of rent does not waive prior defaults.
Exhibits
- Exhibit A: Move-In Inspection Report
- Exhibit B: Furnishings List (if furnished)
- Exhibit C: Pet Addendum (if applicable)
- Exhibit D: House Rules / Additional Terms
Signatures
LANDLORD:
Signature: ______________________________
Printed Name: [[Landlord Full Legal Name or Authorized Agent]]
Title: [[Owner / Property Manager]]
Date: ______________________________
TENANT 1:
Signature: ______________________________
Printed Name: [[Tenant 1 Full Legal Name]]
Date: ______________________________
TENANT 2 (if applicable):
Signature: ______________________________
Printed Name: [[Tenant 2 Full Legal Name]]
Date: ______________________________
> DISCLAIMER: This document is a template for informational purposes only and does not constitute legal advice. Georgia landlord-tenant law (O.C.G.A. §§ 44-7-1 to 44-7-81) governs this Lease. Georgia imposes no statutory deposit cap for most residential rentals and no mandatory entry-notice period; these have been addressed by contract herein. Verify current law and any local ordinances with a Georgia-licensed attorney. No attorney-client relationship is created by use of this template.
Sources (as of June 2026):
- O.C.G.A. §§ 44-7-1 to 44-7-81 (Georgia Landlord and Tenant chapter)
- O.C.G.A. § 44-7-6 (holdover - tenancy at will)
- O.C.G.A. § 44-7-30 et seq. (security deposit statutes)
- O.C.G.A. § 44-7-33 (itemized move-in list)
- O.C.G.A. § 44-7-34 (30-day deposit return deadline)
- O.C.G.A. § 44-7-35 (3x penalty for wrongful withholding)
- O.C.G.A. §§ 44-7-50 to 44-7-59 (Dispossessory proceedings - 7-day notice)
- O.C.G.A. § 25-2-40 (smoke detectors - residential)
- 42 U.S.C. § 4852d; 24 C.F.R. Part 35 (lead-paint disclosure - pre-1978)
- 50 U.S.C. §§ 3901-4043 (SCRA - military lease termination)
- Fair Housing Act, 42 U.S.C. § 3604 (service animal/ESA)
