Georgia Residential Lease Agreement: Free Template and O.C.G.A. Title 44 Rules

Residential Lease Agreement (Georgia)

This Residential Lease Agreement (“Lease”) is made on [Date] for a dwelling in the State of Georgia between the Landlord and the Tenant(s) named below. It is governed by Chapter 7 of Title 44 of the Official Code of Georgia Annotated (O.C.G.A.).

1. Parties and Required Disclosures (O.C.G.A. § 44-7-3)

Landlord: [Full Legal Name or Entity Name]
Tenant(s): [Tenant 1 Full Legal Name], [Tenant 2 Full Legal Name], [Additional Tenants]
Phone: [Phone] E-mail: [E-mail]
Each Tenant is jointly and severally liable for all obligations under this Lease.

Owner of record, or person authorized to act for the owner for service of process and for receiving notices and demands: [Name], [Address].

Person authorized to manage the Premises: [Name], [Address], [Phone].

The Landlord will notify the Tenant of any change in these names or addresses within 30 days, in writing or by posting a notice in a conspicuous place.

2. Premises

Address: [Street Address, Unit, City, Georgia, ZIP] County: [County]
Type: ☐ Single-family home ☐ Apartment ☐ Condominium ☐ Townhome ☐ Duplex unit ☐ Other: [Description]
Parking: [Assigned space(s), garage, or “None”]
Appliances and furnishings included: [List]

3. Term

☐ Fixed term. Begins [MM/DD/YYYY] and ends on [MM/DD/YYYY].
☐ Month to month. Begins [MM/DD/YYYY] and continues until ended by notice. The Landlord must give at least 60 days’ notice and the Tenant at least 30 days’ notice to end it (§ 44-7-7).

At the end of the fixed term, this Lease ☐ ends ☐ continues month to month on the same terms, unless either party gives written notice at least [60 (Landlord) / 30 (Tenant)] days before the end date.

4. Rent

Monthly rent: $[Amount], due on or before the [1st] day of each month.
First month’s prorated rent (if the Lease begins mid-month): $[Amount].
Payment methods: [Check / money order / cashier’s check / online portal / bank transfer].
Where to pay: [Address, portal or account].
Returned payment fee: $[Amount].

5. Late Fee

If rent is not received by the [5th] day of the month, the Tenant will pay a late fee of $[Amount]. The late fee is included in the amounts the Tenant must pay to cure a notice to vacate or pay under Section 17.

6. Security Deposit (O.C.G.A. §§ 44-7-30 to 44-7-37)

Security deposit: $[Amount; no more than two months’ rent] (§ 44-7-30.1).

The deposit will be held in trust for the Tenant in an escrow account used only for security deposits at: [Name and address of bank or lending institution] (§ 44-7-31). ☐ Alternatively, the Landlord has posted a surety bond with the clerk of the superior court of the county where the Premises are located (§ 44-7-32).

☐ The escrow, move-in list and final list requirements do not apply because the owner is a natural person who, with spouse and minor children, owns ten or fewer rental units, and no third party manages the Premises for a fee (§ 44-7-36).

Move-in damage list. Before paying the deposit, the Tenant has received a comprehensive list of existing damage to the Premises, may inspect the Premises to check it before moving in, and will sign it or state in writing any items the Tenant disputes (§ 44-7-33(a)).

Move-out. Within three business days after the Tenant vacates or surrenders the Premises, the Landlord will inspect them and prepare a list of any damage charged to the deposit with estimated costs. The Tenant may inspect the Premises and the list within five business days (§ 44-7-33(b)).

Return. Within 30 days after getting the Premises back, the Landlord will return the full deposit, or a written statement of the exact reasons for keeping any part, with the damage list and the balance due, by first-class mail to the Tenant’s last known address (§ 44-7-34). No deduction will be made for ordinary wear and tear.

7. Occupants and Use

The Premises will be used only as a private residence by the Tenant(s) and these occupants: [Names, or “None”]. Guests may not stay more than [Number] consecutive nights without the Landlord’s written consent. The Tenant may not sublet, assign this Lease, or list the Premises for short-term rental without the Landlord’s prior written consent.

8. Utilities

Paid by the Landlord: ☐ Water ☐ Sewer ☐ Trash ☐ Gas ☐ Electricity ☐ Other: [Description]
Paid by the Tenant: all other utilities. The Tenant will place Tenant-paid utilities in the Tenant’s name by the start date.

The Landlord will not knowingly and willfully suspend cooling, heat, light or water service furnished to the Tenant before the final disposition of any dispossessory proceeding (§ 44-7-14.1).

9. Repairs and Habitability

The Landlord will keep the Premises in repair, and the Premises will be fit for human habitation throughout the tenancy (§ 44-7-13). These duties cannot be waived (§ 44-7-2(b)). The Tenant will report needed repairs in writing to the manager in Section 1 [or through: [portal or e-mail]], except emergencies, which may be reported by phone to [Number].

The Tenant will keep the Premises clean and sanitary, use fixtures and appliances properly, and pay for damage caused by the Tenant, occupants or guests beyond ordinary wear and tear.

10. Landlord’s Entry

The Landlord may enter the Premises at reasonable times to inspect, make repairs, or show the Premises to prospective tenants, buyers or lenders, after giving at least [24] hours’ notice by [text / e-mail / written notice]. In an emergency, the Landlord may enter without notice.

11. Pets, Smoking and Rules

Pets: ☐ No pets. ☐ Pets allowed as stated in the Pet Addendum (pet fee $[Amount] / pet deposit $[Amount]). Assistance animals are not pets.

Smoking and vaping: ☐ Prohibited everywhere on the Premises. ☐ Allowed only in: [Area].

House rules or association rules, if any, are attached.

12. Renter’s Insurance

The Landlord’s insurance does not cover the Tenant’s personal property. ☐ Renter’s insurance with at least $[Amount] in liability coverage is required. ☐ It is recommended.

13. Flooding Disclosure (O.C.G.A. § 44-7-20)

☐ Flooding has damaged a portion of the living space covered by this Lease, or attachments to which the Tenant has sole and exclusive use, at least three times during the five years before the date of this Lease. Details: [describe].
☐ To the Landlord’s knowledge, flooding has not damaged the living space three or more times in the past five years.

14. Lead-Based Paint (Housing Built Before 1978)

☐ The Premises were built in 1978 or later.
☐ The Premises were built before 1978. The Landlord has given the Tenant the EPA pamphlet Protect Your Family From Lead in Your Home and the attached Lead-Based Paint Disclosure, signed by both parties (42 U.S.C. § 4852d; 40 C.F.R. Part 745).

15. Early Termination

A service member may terminate this Lease on at least 30 days’ written notice with a copy of official military orders or a commanding officer’s verification in the situations listed in § 44-7-22. A Tenant protected by a civil or criminal family violence or stalking order may terminate this Lease effective 30 days after written notice accompanied by a copy of the order (§ 44-7-23). These rights cannot be waived.

Other early termination: ☐ Not permitted except as required by law. ☐ Permitted on [Number] days’ written notice and payment of an early termination fee of $[Amount].

16. Retaliation

The Landlord will not retaliate against the Tenant for exercising a legal right, giving a notice to repair, complaining to a code enforcement agency or utility in good faith, or joining a tenant organization, by filing a dispossessory action, raising rent, reducing services or terminating this Lease within three months after such action, except as § 44-7-24 allows.

17. Default and Notices

If the Tenant fails to pay rent, late fees, utilities or other charges when due, the Landlord will give a written notice to vacate or pay all past-due amounts within three business days before filing a dispossessory action (§ 44-7-50(c)).

Delivery of the notice to vacate or pay and demand for possession: the notice will be posted in a sealed envelope conspicuously on the door of the Premises and also delivered by the following method(s), which the parties agree to: ☐ e-mail to [address] ☐ text message to [number] ☐ first-class mail ☐ other: [describe] (§ 44-7-50(d)).

18. General Terms

Governing law: Georgia. A provision that waives or avoids the Landlord’s repair duties, the security deposit rules or the dispossessory procedure is void (§ 44-7-2(b)). If any provision is unenforceable, the rest of this Lease remains in effect.

Attorney’s fees: if either party breaches this Lease, the other party may recover reasonable attorney’s fees caused by the breach. This provision applies equally to the Landlord and the Tenant (§ 44-7-2(c)).

Entire agreement: this Lease and its addenda are the entire agreement. Changes must be in writing and signed by both parties.

19. Addenda

☐ Move-In Damage List ☐ Lead-Based Paint Disclosure ☐ Pet Addendum ☐ House or Association Rules ☐ Other: [Description]

Signatures

Landlord or Agent: _________________________ Date: __________
Printed Name and Title: _____________________________

Tenant: _________________________ Date: __________
Printed Name: _____________________________

Tenant: _________________________ Date: __________
Printed Name: _____________________________

Move-In Damage List (O.C.G.A. § 44-7-33(a))

The Tenant receives this list before paying the security deposit and keeps a copy. The Tenant may inspect the Premises before moving in to check it.

Room or area	Existing damage	Tenant agrees / disputes
[Living room]	[Describe]	☐ Agree ☐ Dispute: [details]
[Kitchen]	[Describe]	☐ Agree ☐ Dispute: [details]
[Bedroom 1]	[Describe]	☐ Agree ☐ Dispute: [details]
[Bathroom]	[Describe]	☐ Agree ☐ Dispute: [details]
[Other]	[Describe]	☐ Agree ☐ Dispute: [details]

Landlord: ____________________ Date: __________ Tenant: ____________________ Date: __________