TurboTenant’s Georgia lease agreement has been written and reviewed by Georgia lawyers and landlords. It’s been drafted to keep you compliant and covered as you rent out your property.
Click this link to see an example of the Georgia Lease Agreement.
Overview
The Georgia lease agreement is split up into three sections.
Section 1 contains information specific to you, your tenants, your rental property, and the details of your lease. This is all information that you add during the lease creation process in TurboTenant.
Section 2 contains clauses in accordance with Georgia law. In order to stay compliant with the law, you will not be able to edit any details in Section 2.
Section 3 contains general clauses for landlords in the United States. It was drafted with best practices in mind for the landlord, tenant relationship. Like Section 2, you will not be able to edit these details.
While you may not edit all of the specifics directly, remember you can add additional provisions that supersede any existing language in the lease by using the Additional Provisions section. This gives you customization and flexibility should you have unique things you want to ensure are covered in your lease.
Section 1 - Custom to You
Section 1 contains the custom details relevant to you, your tenants, and your rental property— who is on the lease, rent amount, utilities, etc. You’ll add these details during the lease creation process.
We’ve set up the lease agreement in a way that is easy for you and your tenants to understand. You’ll see the main details you’ve added to the summary table at the front of the lease agreement. The remaining items—like smoking, utilities, keys, etc.—are outlined in the rest of Section 1 as you can see in this example Georgia Lease Agreement.
Here are a couple of other items in Section 1 worth mentioning:
Additional Provisions: this is where you can add any property specific rules, necessary local clauses, or other specifics you want to include. We recommend that you review any additional provisions with a lawyer.
Lost Key: if your tenants do not return all keys to you when they move out then they are required to pay for the full cost of rekeying the property.
Section 2 - Specific to Georgia
Section 2 includes language that is specific to Georgia. In order to help make sure you stay compliant with local laws, we’ve not allowed you to edit the details here.
There are some clauses in Section 2 that we wanted to call out so you understand how it affects you and your tenants.
Late Fees - Section 2.1
Rent is due in full on the 1st of every month. If your tenants do not pay the full rent amount by 5:00 pm on the 2nd, then you are entitled to charge a late fee of 10% of the unpaid rent amount for that month. So for example, if today is the 3rd and your tenants have not paid their $1,000 monthly rent amount, then you may charge them a late fee of $100. This is a one-time fee each month based on the unpaid balance.
Occupancy Limits and Guests - Section 2.5
Only tenants and any additional occupants (which are dependents such as children) may occupy the premise. One guest is allowed but only for a maximum of 15 days every 6 months.
Notification of Repairs - Section 2.7
Your tenants must pay for any repairs that are due to their, or their guests, misuse or negligence of the property.
Your tenants must immediately notify you of serious building problems such as a crack in the foundation, any leaking or running water, appliance malfunction, or electrical shorting. Failure to let you know may make it so the tenant is responsible for the damages due to not addressing the problem sooner.
You as the landlord must pay for any repairs necessary to create a healthy and safe living environment for your tenant.
Notifying of absences - Section 2.9
The tenants must notify you if they will be gone from the rental property for more than 7 days. You are allowed to check-in and even enter the rental property while they are gone to ensure everything is alright.
Changing Locks - Section 2.12
If your tenant wants to change locks or security devices, they must request to do so in writing. Any additional rekeying, security devices, etc. that the tenant wants must be paid by them but will still be installed by you as the landlord.
Flooding Disclosure - Section 2.15
Landlords must disclose to the tenant whether the property has flooded 3 or more times within the last 5 years. Georgia Code defines flooding as “the inundation of a portion of the living space covered by the lease which was caused by an increased water level in an established water source such as a river, stream, or drainage ditch or as a ponding of water at or near the point where heavy or excessive rain fell.”
Section 3
The clauses in Section 3 are standard to most lease agreements. Along with the rest of the lease agreement, we worked with experienced landlords to make sure you are following best practices in your lease agreement.
Subletting - Section 3.1
Your tenant is not at all allowed to sublease the rental property without your written permission.
Altering or Improving the Property - Section 3.2
Your tenant cannot make any alterations or improvements—like repainting—without your written consent. Unless agreed upon, when they move out, the property must be in the same condition that it was in when they moved in.
Follow the Law (noise, drugs, etc.) - Section 3.14
Your tenant cannot break any law or ordinance (federal, state, or local) while on your rental property. This also includes a clause saying they are not allowed to be annoying or a nuisance to neighbors while on the property. Any of the above can be good grounds for terminating the lease agreement.
Helpful things to know about Georgia Landlord-Tenant law
There are a number of items specific to Georgia that are important to know related to the law that governs Landlord-Tenant agreements.
Security Deposit Collection
There is no state statutory maximum security deposit amount in Georgia.
Landlords are required to provide the location of the depository / bank, if they have more than 10 units, use a property manager, or own the property in an LLC or other corporate structure.
Security Deposit Return
Within three business days after the termination of the residential lease the landlord shall inspect the premises and compile a list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage.
The tenant shall have the right to inspect the premises and such list within five business days after the termination of the residential lease and may state specifically in writing the items on the list to which he or she dissents.
A tenant who disputes the accuracy of the final damage list may bring an action in court to recover the portion of the security deposit which the tenant believes to be wrongfully withheld for damages to the premises.
Within 30 days after obtaining possession of the premises the landlord shall return to the tenant the security deposit which was deposited with the landlord by the tenant.
If a landlord is retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement identifying the exact reasons for the retention. When such statement is delivered, it shall be accompanied by a payment of the difference between any sum deposited and the amount retained.
The landlord shall mail this statement and any payment required to the last known address of the tenant via first-class mail. If the letter containing the payment is returned to the landlord undelivered and if the landlord is unable to locate the tenant after reasonable effort, the payment shall become the property of the landlord 90 days after the date the payment was mailed.
Miscellaneous Notes
Georgia Landlord-Tenant Handbook: https://www.dca.ga.gov/sites/default/files/2-15-21_handbook_final_draft.pdf
Missing something you want to make sure is included?
This article only includes an overview of some of the details included in the Georgia Lease Agreement. You can read the whole agreement and double-check for specific details by clicking this link to see an example of the agreement.
We wanted our lease agreement to handle the majority of use cases for landlords in Georgia. However, we do know that some rental situations are unique. If there are other specifics you want to outline in the lease agreement, you can do so in the Additional Provisions section while creating your lease agreement in TurboTenant. We recommend that you review them with a lawyer to ensure you stay compliant with the law.
Disclaimer: Changing some terms in the lease may conflict with state or local laws. If you make large edits, we recommend speaking with an attorney. Please have a look at your specific state lease agreement for more information. TurboTenant is not responsible for edits that are not compliant with state laws. TurboTenant is unable to provide legal advice.
DISCLAIMER: This lease agreement is not warrantied, either expressly or implied, by TurboTenant, Inc. as to their effectiveness or completeness. TurboTenant, Inc. does not provide legal advice. TURBOTENANT, INC. AND ITS SERVICES, DOCUMENTS, RECORDS, AND PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. The user is advised to check all applicable state and federal laws before using this agreement, attachments, disclosures, forms, or parts thereof and to have them reviewed by competent legal counsel prior to use.