Free Georgia Rental Lease Agreement


Sample Georgia Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Georgia, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Georgia, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Georgia.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Georgia (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of Georgia, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Georgia, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Georgia, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

Georgia Rental Lease Agreement

Before you sign a rental lease agreement in Georgia, you need to be aware of the rules and the landlord-tenant laws. In this article, we have an outline of all the laws that govern lease contracts, and we believe that you should go through them before signing our rental lease agreement form.

  • Official Rules, Regulations, and Guides

    • Landlord and Tenant – Georgia Code Ann. §§ 44-7 –

    • Georgia Landlord and Tenant Handbook

    • Georgia Courts – Landlord and Tenant Benchbook

    • Georgia Landlord’s Guide to Section 8 Housing

Security Deposit

What is the security deposit maximum?

There is no statute

What is the deadline for returning the security deposit?

The landlord has 30 days to return the deposit unless the landlord is withholding or claiming part of the deposits for the damages then, the remaining balance should be given back to the tenant within three days.

What are the allowable deductions?

  • The landlord can deduct from the security deposit monies for:

    • Non-payment of rent or fees for late payment

    • Abandonment of the premises

    • Non-payment of the utility charges

    • Unpaid pet fees

    • Repair work and cleaning contracted by the tenant with third parties

    • Actual damages caused by the tenant’s breach.

Is there a security deposit interest applicable?

The landlord doesn’t have to keep the security deposit in an interest-bearing account, nor does the landlord have to pay the interest to the tenant.

Should the landlord have a separate security deposit bank account?

According to the laws, the landlord has to keep the security deposit in an escrow account and to notify the tenant in writing about the location of the escrow account. But, this doesn’t apply to owners and family members who collectively have less than ten rental units.

Are non-refundable fees allowed?

Yes, but they shouldn’t be part of the deposit.

Are the application fees?

Yes.

Are there pet deposits and additional fees?

Yes.

Do you require a written and a signed move-in checklist?

In case the owner owns a maximum of ten rental units, then, before collecting the security deposit, the owner gives the tenant a comprehensive list of existing damages to the property. According to the lease contract, the tenant shall have the right to inspect the premises to confirm the accuracy of the list before assuming occupancy.

Do you require an itemized list of the move-out damages and charges?

Yes, within three business days, after termination of the occupancy, the landlord shall inspect the premises and compile a comprehensive list of any damages done to the premises – this is the basis for any charge against the security deposit, plus the estimated dollar value of the damages.

The tenant will also have the rights to inspect the premises within five days after the termination of the occupancy to ascertain the accuracy of the landlord’s list.

Should there be record keeping of all deposit withholdings?

The state of Georgia has no statutes on this.

What are the consequences of non-compliance?

The landlord would forfeit any right to withhold deposits if the money wasn’t initially deposited in an escrow account. Or, if the landlord doesn’t provide move-in or move-out inspection lists. Any landlord intentionally and wrongfully withholding deposits may be liable for up to three times the total amount withheld plus the attorney fees.

Lease, Fees, and Rent

When is rent due?

There is no statute.

Is there any stature for rent increase notices?

No

Any statutes for rent’s grace period?

No

Are the late fees charged?

No.

Any prepaid rent statutes?

No.

Is there a limit on the rent amount?

No. No country or even a municipal corporation has the right to enact, enforce, and maintain any ordinances for the regulation of the amount of rent charged in privately owned, multiple or single-unit residential property for rent.

Are there returned check fees?

Yes. However, according to the rental lease agreement in Georgia, the fee shall not exceed 5 percent or $30 of the face value of the financial instrument – whichever is higher. The fees also include the amount of fees charged to the holder of the instrument by the bank.

Are tenants allowed to withhold rent for the failure to provide essential services?

No statute

Are tenants allowed to repair and then deduct rent?

No statute

Can the landlord recover the court and the attorney fees?

Yes

Should the landlord make attempts to mitigate the damages caused by the lessee?

Yes. However, there is no statute requiring the tenant to look for new tenants.

What happens in case of abandonment of personal property?

The landlord can remove the tenant’s abandoned property after getting a formal writ of possession issued by the court.

What are the circumstances for the termination of a service member?

Special rules applicable: the landlord must follow a specific process for the termination of the lease of an active duty member of the reserve or the regular component of the United States Armed Forces, the United States Coast Guard, and the Georgia National Guard and the Georgia Air National Guard on an ordered federal duty for 90 days or longer.

Limited liability: the liability of a Service Member for rent under the lease shall not go over 30 days’ worth or rent once the written notice and proof of the assignment they are on are given o the landlord. The cost of repairing damaged to the premises caused by an act or even omission of the tenant.

Notice and Entry

What is the duration of the notice to terminate the tenancy at will for leases with no end-date?

60 days’ notice from the landlord and 30-days’ notice if from the tenant.

What is the duration of the notice to terminate a tenancy in fixed-end-date leases?

No statute exists.

What is the duration of the notice to terminate a tenancy in month-to-month leases?

60 days’ notice and a 30-days’ notice for tenants

What is the duration of the notice to terminate a tenancy in week-to-week leases?

No statutes.

Any notice given for date/ time of move-out inspections?

No statutes

Any notice of termination for all non-payment leases?

Immediate lease termination and the landlord can also file for immediate eviction though the tenant has to file for eviction immediately.

What is the statute for the termination of violated leases?

None

Is notice required before entry?

There is no statute, but in the Georgia rental lease agreement, it recommends 24 hours.

Is entry allowed with notice for non-emergency repairs and maintenance?

Yes, but the landlord must give prior notice, often 24 hours.

Is emergency entry allowed during the client’s extended absence?

No statute

Is entry allowed for showings?

Yes, but the landlord has to give prior notice.

Is emergency entry allowed, without notice?

Yes.

Is entry allowed during the tenant’s extended absence?

No statute

Is notice given to tenants for pesticide use?

No statute

Are lockouts allowed?

No

Is utility shutoff required?

No, and if the landlord discontinues heat, water, or electricity services, he’ll be punishable by a fine not exceeding $500

Disclosures and Miscellaneous Notes

  • This section of the lease agreement covers

    • Special rights and restrictions for tenants

    • Landlord’s responsibilities and liability

    • Name and addresses

    • Destruction of dwelling in case of fire or floods

    • Lead disclosures

    • Flooding disclosures

    • Retaliation

    • Domestic violence situations

Court and Legal Issues

You’ll pay $15,000 for Georgia Small Claims Court Limits

Eviction cases are acceptable in the small claims

  • More details:

    • Georgia Administrative Office of the Courts

    • Georgia Small Claims Court

    • Georgia Attorney General

    • State Bar of Georgia

    • Georgia Local and Voluntary Bars

    • GeorgiaLegalAid.org – Housing and Landlord-Tenant Information

    • Low Income Legal Aid

Business Licenses

Are business licenses a requirement?

No, there are no state-wide statutes on this, but the local counties could have regulations and requirements for business licenses.

If you are satisfied with this process, you can fill in our rental lease agreement form here for an expedited process.

Sample

GA Rental Lease Agreement

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