Georgia (GA) lease form

Georgia Residential Lease Agreement

Georgia residential leases are governed by O.C.G.A. Title 44, Chapter 7, which was substantially updated in 2024 when the Safe at Home Act (HB 404) introduced the state's first statutory warranty of habitability for leases entered or renewed on or after July 1, 2024. Georgia gives landlords significant flexibility in setting rent and lease terms, but the law is precise about which disclosures must appear in writing before a tenant signs and which clauses are void regardless of what any lease says. Getting the disclosure language and prohibited-clause rules right at the drafting stage protects the landlord's ability to enforce the agreement and limits liability if problems arise during the tenancy.

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Required disclosures

Lead-Based Paint Hazard Disclosure (Federal)

Required for all housing built before 1978. Landlords must provide the EPA-approved 'Protect Your Family from Lead in Your Home' pamphlet, disclose any known lead-based paint or hazards in writing, and attach a signed acknowledgment to the lease. Governed by 42 U.S.C. § 4852d (Residential Lead-Based Paint Hazard Reduction Act).

Landlord Identity and Agent Disclosure

Before tenancy begins, the landlord must give the tenant a written statement with the name and address of the property owner (or a person authorized to act on the owner's behalf) and the name and address of any authorized property manager. If this information changes during the tenancy, the landlord must notify each tenant within 30 days in writing or by posting a conspicuous notice. O.C.G.A. § 44-7-3.

Flooding History Disclosure

If the living space covered by the lease has been damaged by flooding at least three times during the five-year period immediately before the lease date, the landlord must notify the prospective tenant of that propensity in writing before signing. A landlord who skips this notice is liable in tort for personal-property damages caused by any subsequent flooding during the lease term. O.C.G.A. § 44-7-20.

Water and Wastewater Billing Method Disclosure

When a landlord bills tenants separately for water or wastewater usage (submetering or ratio-utility billing), the billing method and how costs are allocated must be disclosed to the tenant before any lease is signed. Total tenant charges cannot exceed the building's actual water and wastewater bill plus a reasonable administrative fee. O.C.G.A. § 12-5-180.1.

Security Deposit Escrow Location

Landlords who collect a security deposit must hold it in a dedicated escrow account at a regulated Georgia financial institution and must inform the tenant of the bank or institution holding the deposit. The deposit cap for leases entered or renewed on or after July 1, 2024 is two months' rent. O.C.G.A. §§ 44-7-30 through 44-7-37, as amended by HB 404.

Death or Crime on the Premises (Responsive Disclosure)

Georgia does not require landlords to volunteer information about prior deaths, homicides, suicides, or felonies on the property. However, if a prospective tenant directly asks, the landlord must answer truthfully. O.C.G.A. § 44-1-16.

Smoke Detector and Carbon Monoxide Detector Status

Landlords must install functioning smoke detectors in all residential units (O.C.G.A. § 25-2-40) and carbon monoxide detectors in any unit containing a fuel-burning appliance, fireplace, or attached garage (O.C.G.A. § 25-2-40.1). Lease disclosures should document detector placement, confirm working order at move-in, and clarify each party's maintenance responsibility.

Move-In Property Condition List

Before or at occupancy, the landlord must provide a written list of any existing damage to the premises. Both parties sign the list, which becomes conclusive evidence of the property's condition at move-in except for hidden defects not reasonably discoverable. O.C.G.A. § 44-7-33.

Clauses your lease should include

Parties and property identification: full legal names of all landlords and tenants, and the complete address of the leased premises.
Lease term: specific start and end dates for fixed-term leases, or clear designation as a month-to-month tenancy. Written leases are required by O.C.G.A. § 13-5-30 for any term exceeding one year.
Rent amount, due date, and acceptable payment methods: state the exact monthly rent, the date it is due, and where or how payments must be made.
Late fee policy: Georgia has no statutory late-fee cap (unlike storage-facility rules under § 10-4-217), but any late fee must be clearly stated in the lease to be collectible.
Security deposit terms: the amount collected, the name of the escrow institution holding it, and the conditions under which deductions may be made. For leases entered or renewed on or after July 1, 2024, the deposit cannot exceed two months' rent (O.C.G.A. § 44-7-30.1).
Habitability warranty acknowledgment (post-July 1, 2024): leases entered or renewed on or after that date carry an implied statutory warranty that premises are fit for human habitation under O.C.G.A. § 44-7-13(b). The lease should not attempt to disclaim it.
Maintenance and repair responsibilities: identify which repairs are the landlord's obligation versus routine upkeep assigned to the tenant, consistent with the landlord's duty to keep premises in repair under O.C.G.A. § 44-7-13.
Entry notice policy: Georgia has no statewide statutory notice period for landlord entry, so the lease must define the notice standard (industry practice is 24 hours except in genuine emergencies) to give the landlord enforceable entry rights while protecting tenant privacy.
Notice periods for termination: specify the required advance notice to end a month-to-month tenancy or to trigger renewal or non-renewal of a fixed-term lease.
Non-waiver clause: if the landlord intends to preserve the right to enforce strict payment deadlines even after accepting late payments, a non-waiver clause should be included; otherwise, a pattern of accepting late rent without objection may waive that right under Georgia case law.
Domestic violence and military early termination rights: briefly reference the tenant's right to terminate early under the Servicemembers Civil Relief Act (SCRA) with qualifying orders, and Georgia's protections for survivors of family violence under O.C.G.A. § 44-7-23.

Clauses to avoid in Georgia

Waiver of the statutory warranty of habitability: any clause stating 'tenant accepts premises as-is and waives all habitability warranties' is void for leases entered or renewed on or after July 1, 2024, under O.C.G.A. § 44-7-13(b) as amended by the Safe at Home Act.
Waiver of any statutory right under O.C.G.A. Title 44, Chapter 7: lease provisions that eliminate tenant protections related to repairs, security deposits, eviction procedures, or retaliation are unenforceable under O.C.G.A. § 44-7-2.
Self-help eviction authorization: any clause permitting the landlord to change locks, remove the tenant's belongings, or shut off utilities to force a tenant out without a court order is illegal and unenforceable. Georgia requires a judicial dispossessory process.
Utility shutoff as leverage: the lease may not authorize shutting off electricity, heat, water, or cooling (added by HB 404) to pressure a tenant to leave or pay. O.C.G.A. § 44-7-14.1.
Security deposit exceeding two months' rent: for leases entered or renewed on or after July 1, 2024, any deposit amount above two months' rent violates O.C.G.A. § 44-7-30.1 and is unenforceable as to the excess.
One-sided attorney's fees clause: a provision requiring only the tenant to pay the landlord's attorney's fees upon breach is void unless the same clause also obligates the landlord to pay the tenant's attorney's fees upon the landlord's breach. Mutuality is required under Georgia law (O.C.G.A. § 13-11-8 and related case law).
Retaliation clauses: any provision permitting the landlord to raise rent, terminate the lease, or take adverse action because a tenant reported unsafe conditions or code violations is prohibited. O.C.G.A. § 44-7-24.
Waiver of the right to a move-in inspection list: the signed move-in condition list required by O.C.G.A. § 44-7-33 cannot be contractually waived, as it is the statutory mechanism protecting both parties regarding deposit deductions.
Discriminatory terms: any lease provision that restricts occupancy, sets different terms, or conditions tenancy on race, color, religion, national origin, sex, disability, or familial status violates the federal Fair Housing Act and is void.

Drafting tips

Include the landlord identity disclosure directly in the lease body, not just in a separate document, so the signed lease itself satisfies O.C.G.A. § 44-7-3 and creates a clear record.
Run a flood history check before every new lease. The three-times-in-five-years threshold under O.C.G.A. § 44-7-20 is specific; document your search and attach the written disclosure to the lease addenda as a dated, signed exhibit.
For any property built before 1978, attach the EPA lead-based paint disclosure and pamphlet acknowledgment as a separate signed addendum - courts treat the federal requirement as a standalone obligation independent of the state lease terms.
If you use ratio-utility billing or submetering for water, put the full calculation methodology in a lease addendum signed before move-in. A vague reference to 'shared utilities' will not satisfy O.C.G.A. § 12-5-180.1 and can make the charges uncollectable.
For post-July 1, 2024 leases, drop any 'as-is' or 'tenant accepts premises in present condition' habitability waiver language entirely. Replace it with a clause that affirmatively confirms the property meets the habitability standard at move-in and describes the process for repair requests.
Make the attorney's fees clause reciprocal. A one-sided clause is void; a reciprocal clause is enforceable and also functions as a practical deterrent against frivolous disputes from either side.
Attach the signed move-in condition list as an exhibit to the lease rather than a separate loose document. This ensures it is clearly part of the executed agreement and harder to dispute.
Include a clear non-waiver clause if you want to preserve the right to enforce late-fee provisions even after accepting late payments in prior months. Without it, a pattern of acceptance creates a waiver risk under Georgia equitable principles.
Georgia has no statewide landlord entry notice statute, so your lease is the only source of the notice standard. Specify the number of hours of advance notice required, identify emergency exceptions, and state the permitted hours of entry.

General information, not legal advice. Governing statute: O.C.G.A. Title 44, Chapter 7 (Landlord and Tenant), as amended by the Safe at Home Act (HB 404, effective July 1, 2024). Confirm current requirements or consult an attorney before finalizing a lease.

Georgia lease FAQ

Common questions

What disclosures are required in a Georgia residential lease?

Georgia landlords must disclose the owner's and property manager's name and address in writing before the tenancy begins (O.C.G.A. § 44-7-3). They must also provide a written flooding history notice if the unit flooded at least three times in the prior five years (O.C.G.A. § 44-7-20), disclose any lead-based paint hazards for pre-1978 housing (federal law), explain the water billing method if utilities are submetered (O.C.G.A. § 12-5-180.1), and provide a signed move-in condition list documenting existing damage (O.C.G.A. § 44-7-33).

Is a written lease required in Georgia?

Georgia requires a written, signed lease for any rental term exceeding one year under O.C.G.A. § 13-5-30. For shorter terms, an oral agreement is technically valid, but a written lease is strongly recommended because it is the only enforceable source of key terms like entry notice, late fees, pet rules, and non-waiver provisions, and it documents the landlord's compliance with mandatory disclosure requirements.

What clauses are illegal or unenforceable in a Georgia lease?

Several clauses cannot be enforced regardless of what the lease says. These include any waiver of the statutory warranty of habitability (for leases entered or renewed on or after July 1, 2024), self-help eviction authorization such as lock changes or utility shutoffs, security deposits exceeding two months' rent, one-sided attorney's fees provisions that obligate only the tenant, any waiver of tenant rights under O.C.G.A. Title 44 Chapter 7, and any discriminatory terms that violate the federal Fair Housing Act.

Does Georgia require a flood zone or mold disclosure in a lease?

Georgia has a specific flooding disclosure requirement (O.C.G.A. § 44-7-20) that applies when the living space has flooded at least three times in the five years before the lease date - this must be provided in writing before signing. Georgia does not have a standalone mold disclosure statute, but the 2024 Safe at Home Act's habitability warranty (O.C.G.A. § 44-7-13(b)) means known mold conditions must be addressed before occupancy. There is no bedbug disclosure statute in Georgia; it is an optional but recommended practice.

How did the Safe at Home Act change what Georgia leases must include?

For any lease entered or renewed on or after July 1, 2024, the Safe at Home Act (HB 404) added three major obligations. First, it created an implied statutory warranty that the premises are fit for human habitation (O.C.G.A. § 44-7-13(b)), which cannot be waived by lease language. Second, it capped total security deposits at two months' rent (O.C.G.A. § 44-7-30.1). Third, it requires landlords to give tenants at least three business days to pay overdue rent and fees before filing for eviction (O.C.G.A. § 44-7-50(c)). Cooling was also added to the list of utilities that cannot be shut off during an ongoing eviction proceeding.

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Georgia Residential Lease Agreement