GEORGIA RESIDENTIAL LEASE AGREEMENT

Georgia Residential Lease Agreement

A Georgia residential lease agreement is governed by Title 44, Chapter 7 of the Official Code of Georgia (O.C.G.A.). The 2024 “Safe at Home Act” (HB 404) reshaped several rules — including a first-ever security-deposit cap and a mandatory notice before eviction for nonpayment. Here is what current Georgia law requires.

Georgia landlord–tenant law at a glance

Security deposits in Georgia

Since July 1, 2024, a Georgia landlord may not collect more than two months’ rent as a security deposit — counting any damage deposit, advance rent, and pet deposit together (§44-7-30.1). The deposit must be returned within 30 days of the landlord regaining possession, with an itemized statement of any deductions; ordinary wear and tear can’t be charged (§44-7-34).

• Escrow — Deposits generally must be held in a separate escrow account (or secured by a surety bond), with written notice to the tenant of where it’s held (§§44-7-31, 44-7-32).
• Move-in damage list — Before collecting a deposit, the landlord gives the tenant a list of existing damage to inspect and sign (§44-7-33).
• Small-landlord exemption — A self-managing owner who (with spouse and minor children) owns 10 or fewer units and uses no third-party manager is exempt from the escrow, move-in-list, and bad-faith-penalty rules — but still must meet the 30-day return and itemization duty (§44-7-36).
• Bad-faith penalty — Where it applies, wrongfully withholding a deposit can cost the landlord up to three times the amount plus attorney’s fees (§44-7-35).

Rent, late fees & returned checks

Georgia sets no statutory rent due date or grace period — the lease controls. There is also no statutory cap on residential late fees.

• Late-fee myth — A widely repeated “$20 or 20%” late-fee cap actually comes from Georgia’s Self-Service Storage Facility Act, which by its own terms doesn’t apply to homes or apartments. Residential late fees are governed only by the common-law rule that a fee must be a reasonable estimate of loss, not a penalty.
• Returned-check fee — Georgia’s bad-check statute allows $30 or 5% of the check, whichever is greater, plus bank fees (§13-6-15).
• Rent control — Georgia bars any city or county from regulating residential rents (§44-7-19).

Landlord entry & access

Georgia has no statute setting a minimum notice period for landlord entry — access is governed by the lease and the tenant’s common-law right to quiet enjoyment. Any 24- or 48-hour notice term in a Georgia lease is a contract term, not a statutory rule. What is firm: self-help eviction is illegal, and shutting off a tenant’s heat, water, light, or (as of 2024) cooling before a court ends the tenancy is a crime punishable by a fine up to $500 (§44-7-14.1).

Ending a Georgia tenancy

A tenancy at will (a month-to-month with no fixed end) ends on 60 days’ notice from the landlord or 30 days’ from the tenant (§44-7-7). A fixed-term lease simply expires at the end of its term.

• Nonpayment — Since July 1, 2024, the landlord must give a written notice to pay or vacate with a 3-business-day cure period before filing a dispossessory (eviction) action for unpaid rent — a brand-new requirement (§44-7-50).
• Family violence — A survivor with a qualifying protective or stalking order may end the lease 30 days after written notice, owing only prorated rent (§44-7-23).
• Military — An active-duty servicemember with qualifying orders may terminate on 30 days’ notice with a copy of the orders (§44-7-22).

Required disclosures in Georgia

Georgia does not require bedbug or mold disclosures, so LawLease doesn’t add notices your state doesn’t call for.

• Lead-based paint — Federal warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d). Georgia has no separate state lead statute.
• Flooding — If the unit has flooded three or more times in the past five years, the landlord must disclose it in writing before signing (§44-7-20).
• Move-in damage list — Required with any deposit, unless the small-landlord exemption applies (§44-7-33).
• Owner / agent identity — The landlord must disclose in writing who owns and who manages the property (§44-7-3).

Habitability & repairs

A Georgia landlord must keep the premises in repair (§44-7-13). The 2024 Safe at Home Act added an explicit warranty that every rental is fit for human habitation for the length of the tenancy. A tenant who raises a health or safety concern is protected from retaliation — a retaliatory eviction, rent increase, or loss of services can entitle the tenant to one month’s rent plus $500 (§44-7-24).

Tenant protections you can’t waive

• Non-waivable duties — A lease can’t disclaim the landlord’s repair or habitability duties, even with “as-is” language (§44-7-2).
• Two-way attorney fees — A clause making the tenant pay the landlord’s attorney fees is void unless it also makes the landlord pay the tenant’s (§44-7-2).
• No self-help eviction — Lockouts, removing belongings, and utility shutoffs are illegal — Georgia requires the court dispossessory process.
• Non-waivable early termination — The military and family-violence termination rights can’t be waived (§§44-7-22, 44-7-23).

LawLease is not a law firm and this page is general information, not legal advice. State laws change and local ordinances may add requirements — verify current rules or consult a Georgia attorney for your specific situation.

Georgia lease agreement FAQs