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Find a detailed Georgia lease agreement template. Check the Georgia laws and regulations for security deposits, late fees, and more!
Customized for Georgia This document may be legally binding in Georgia according to your state specific regulations.
A Georgia lease agreement is a legal document that defines the rights and responsibilities of the landlord (lessor) and the tenant (lessee).
It is usually made in written form and contains the following clauses:
Aside from the above clauses, the landlord and the tenant can add any other clause that is not against federal or state law.
By drafting and signing the lease agreement, the landlord will have a way to protect his right to claim the rent. On the other side, the tenant will protect his right to use the leased property without being disturbed.
For renters in Georgia, these disclosures are required to be included in the lease agreement. The requirements are set by federal and Georgia state laws and regulations.
The lease agreement can also include the disclosures listed below to safeguard both the landlord's and tenant's rights and prevent any future disputes:
If the landlord fails to make a flood disclosure to the tenant, they will be held liable in tort for any damages caused to the tenant by the flooding.
The landlord may face civil or criminal penalties if the lead-based paint disclosure is not included in the lease agreement. The landlord can also be sued by the tenant and pay up to three (3) times what the tenant has suffered in damages.
Georgia state law doesn’t set the maximum amount for the security deposit. In practice, however, the security deposit rarely exceeds the amount of two (2) months' rent.
The landlord must give the tenant back the security deposit within thirty (30) days of the end of the tenancy.
The landlord may keep some of the deposit to pay for unpaid rent, late fees, unpaid utilities, cleaning, and repairs. If any amount has been retained, the landlord will have to send a list of all deductions made. (§ 44-7-34)
The rent is due on the date provided in the lease agreement. For a long-term lease, it is usually at the beginning of the month. Therefore, it is up to the landlord and the tenant to provide such a date in the lease agreement before signing it.
Georgia state law doesn’t provide a grace period for the rent payment. Therefore, the landlord can charge the late fee or file for eviction as soon as the rent is due.
The state law doesn’t set a cap for late rent payments. However, the tenant shall disclose in the lease agreement if any late rent fees will be applied.
The law mentions that the landlord can charge interest on the rent owed. The maximum interest rate is 16% per annum (§ 7-4-2(a)(2)).
If the tenant uses the NSF (non-sufficient funds) check to pay the rent, they will have to pay the landlord the following:
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There are no statutes that regulate the landlord’s right to entry. No formal requirement exists for the landlord to announce his entry to the leased property. In practice, the landlord would usually issue a 48-hour notice to the tenant before entering the leased property.
The lease agreement in Georgia is a legally binding contract. It can be made in writing or as an oral agreement between the landlord and the tenant. In the case of a written lease agreement, it will be legally binding if both parties have signed it. Some lease agreement clauses will not be binding if they are deemed illegal by federal or Georgia state law. However, this usually does not affect the validity of other clauses in the lease agreement.
After completing all the information in the lease agreement, make sure all the parties sign the lease agreement, and every one of them gets one signed copy of the lease agreement. After signing the lease agreement, the landlord and the tenant can inspect the property before the tenant moves in. After they inspect the leased unit, they will both sign the check-in form. The form will list all the damages that were present before the tenant moved in. This will protect the tenant from any unfounded damage claims after moving out.
