Georgia Residential Lease Agreement
A free Georgia lease template, plus what Georgia law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Georgia requires
| Owner and manager names and addresses | At or before the tenancy begins, the landlord (or the agent who signs the lease) must tell the tenant in writing the name and address of (1) the owner of record or a person authorized to receive legal papers, notices and demands for the owner, and (2) the person authorized to manage the property. Any change must be given to each tenant within 30 days, in writing or by a notice posted in a conspicuous place. A person who signs a lease for an owner without making these disclosures becomes the owner's agent for receiving legal papers and for the landlord's duties. Applies to: all residential tenancies Source: O.C.G.A. § 44-7-3 |
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| Flooding history | Before a written residential lease is signed, the landlord must give the prospective tenant written notice that the property tends to flood if flooding has damaged any part of the living space the tenant will exclusively use at least 3 times in the 5 years before the lease date. A landlord who fails to give this notice is liable to the tenant and the tenant's family for flood damage to their personal property during the lease. Applies to: written residential leases entered into on or after July 1, 1995 Source: O.C.G.A. § 44-7-20 |
| Security deposit escrow location | A landlord who holds a security deposit must keep it in an escrow account used only for that purpose at a state- or federally regulated bank or lending institution (or post a surety bond instead), and must tell the tenant in writing where the escrow account is located. Applies to: all landlords except a natural person who (with spouse and minor children) owns 10 or fewer rental units and does not use a paid third-party manager Source: O.C.G.A. §§ 44-7-31, 44-7-36 |
| Move-in damage list | Before the tenant pays a security deposit, the landlord must give the tenant a comprehensive list of any existing damage to the unit, which the tenant keeps. The tenant may inspect the unit before moving in to check the list. Both sign it; signing is conclusive evidence of its accuracy except for hidden defects. A tenant who disagrees must list the disputed items in a signed written dissent. The lists should include written notice of the tenant's duty to sign or dissent; without it, the tenant keeps the right to dispute charges. Applies to: all landlords except a natural person who (with spouse and minor children) owns 10 or fewer rental units and does not use a paid third-party manager Source: O.C.G.A. §§ 44-7-33, 44-7-36 |
Terms Georgia law requires or controls
| Fit for human habitation (implied term) | Every residential lease, oral or written, is deemed to include a provision that the premises are fit for human habitation, and the landlord must keep the premises in repair. Applies to: residential leases entered into or renewed on or after July 1, 2024 |
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| Security deposit cap | A landlord may not demand or receive a security deposit of more than the equivalent of two months' rent. Applies to: residential leases entered into or renewed on or after July 1, 2024 |
| How eviction notices are delivered | A demand for possession or the 3-business-day notice to pay or vacate must be posted in a sealed envelope conspicuously on the door and also delivered by any additional method the rental agreement specifies, so the lease should state any agreed delivery methods (for example e-mail). Applies to: residential leases entered into or renewed on or after July 1, 2024 |
| Oral leases | A lease for one year or less may be oral; a longer lease should be in writing. Applies to: all leases Source: O.C.G.A. § 44-7-2(a) |
Clauses that are void in Georgia
| Waiver of repair duties and tenant protections | In any residential lease, oral or written, neither side may waive, assign, transfer or otherwise avoid the rights, duties or remedies in Georgia law on the landlord's duty to repair (§ 44-7-13), landlord liability for failure to repair (§ 44-7-14), local housing-code ordinances adopted under § 36-61-11, dispossessory (eviction) proceedings, distress warrants, and security deposits. Applies to: all residential leases Source: O.C.G.A. § 44-7-2(b) |
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| One-sided attorney fee clause | A residential lease clause making the tenant pay the landlord's attorney fees if the tenant breaches is void unless the lease also makes the landlord pay the tenant's attorney fees if the landlord breaches. Applies to: all residential leases Source: O.C.G.A. § 44-7-2(c) |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Georgia law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Georgia law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Georgia law (O.C.G.A. § 44-7-50(c) (as amended by HB 404, 2024); O.C.G.A. § 44-7-34(a)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the Georgia limit (O.C.G.A. § 44-7-30.1 (added by HB 404, 2024 Safe at Home Act, Act 392)). Landlord will return it, minus lawful deductions with any required itemized list, within the time Georgia law sets (O.C.G.A. § 44-7-34(a)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Georgia law requires (Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 12), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Georgia law requires.
14. Fit for human habitation (implied term). (Write this clause to meet Georgia law: see "Fit for human habitation (implied term)" above (O.C.G.A. § 44-7-13 (as amended by HB 404, 2024)).)
15. Security deposit cap. (Write this clause to meet Georgia law: see "Security deposit cap" above (O.C.G.A. § 44-7-30.1 (HB 404, 2024)).)
16. How eviction notices are delivered. (Write this clause to meet Georgia law: see "How eviction notices are delivered" above (O.C.G.A. § 44-7-50(c)-(d) (as amended by HB 404, 2024)).)
17. Oral leases. (Write this clause to meet Georgia law: see "Oral leases" above (O.C.G.A. § 44-7-2(a)).)
18. Disclosures attached. Landlord has given Tenant these disclosures required by Georgia law: Owner and manager names and addresses; Flooding history; Security deposit escrow location; Move-in damage list. [Attach each one.]
19. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
20. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.