Last reviewed July 2026
Written by LawLease Editorial
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Georgia Rent-to-Own Agreement
This Rent-to-Own Agreement is built with Georgia as the governing state. These are the Georgia landlord-tenant rules that most often bear on it, with the statute for each.
Georgia rules at a glance
| Security deposit limit | 2 months’ rent (combining damage, advance-rent, and pet deposits)OCGA §44-7-30.1 (2024) |
|---|---|
| Deposit return | 30 days, with an itemized statement of any deductionsOCGA §44-7-34 |
| Escrow & move-in list | Required — but self-managing owners of ≤10 units are exemptOCGA §§44-7-31, 44-7-33, 44-7-36 |
| 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). |
| Rent control | Prohibited statewideOCGA §44-7-19 |
| Month-to-month termination | Landlord 60 days · Tenant 30 daysOCGA §44-7-7 |
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).
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).
Georgia Rent-to-Own Agreement FAQs
How much can a landlord charge for a security deposit in Georgia?
No more than two months’ rent, combining any damage, advance-rent, and pet deposit (§44-7-30.1). This cap took effect July 1, 2024 under the Safe at Home Act and applies to every landlord, regardless of how many units they own.
How long does a landlord have to return a deposit in Georgia?
30 days after regaining possession, with a written itemized statement of any deductions (§44-7-34). Missing the deadline generally forfeits the right to keep any of it — unless the landlord qualifies for the small-owner exemption, though the 30-day duty still applies (§§44-7-35, 44-7-36).
How much notice is needed to end a month-to-month lease in Georgia?
A tenancy at will takes 60 days’ notice from the landlord and 30 days from the tenant (§44-7-7). That notice ends the tenancy but doesn’t itself authorize eviction — the landlord still needs the court process if the tenant stays.
More Georgia landlord documents
- Georgia Residential Lease Agreement
- Georgia Eviction Notice
- Georgia Security Deposit Return Letter
- Georgia Rent Increase Notice
- Georgia Notice to Vacate
- Georgia Application Approval Letter
- Georgia Application Denial Letter
- Georgia Background & Credit Check Authorization
- Georgia Rental Application
- Georgia Co-Signer Guarantor Agreement
- Georgia Bed Bug Addendum
- Georgia Mold & Mildew Addendum
- Georgia No-Smoking Addendum
- Georgia Parking & Storage Addendum
- Georgia HOA & Community Rules Addendum
- Georgia Crime-Free Housing Addendum
- Georgia Utilities & Services Addendum
- Georgia Early Termination Addendum
- Georgia Lease Extension Addendum
- Georgia Lead-Based Paint Disclosure
- Georgia Military Clause (SCRA)
- Georgia Pet Addendum
- Georgia Cash for Keys Agreement
- Georgia Mutual Lease Termination Agreement
- Georgia Lease Renewal Agreement
- Georgia Notice of Non-Renewal
- Georgia Late Rent Notice
- Georgia Lease Violation Notice
- Georgia Notice of Entry
- Georgia Move-In / Move-Out Inspection Checklist
- Georgia Rent Receipt
- Georgia Rent Verification Letter
- Georgia Tenant Welcome Letter
- Georgia Property Management Agreement
- Georgia Commercial Lease
- Georgia Short-Term Rental Agreement
- Georgia Room Rental Agreement
- Georgia Roommate Agreement
- Georgia Spanish Lease Agreement
- Georgia Sublease Agreement
- Georgia Lease Amendment
Rent-to-Own Agreement in other states
- Alabama Rent-to-Own Agreement
- Alaska Rent-to-Own Agreement
- Arizona Rent-to-Own Agreement
- Arkansas Rent-to-Own Agreement
- California Rent-to-Own Agreement
- Colorado Rent-to-Own Agreement
- Connecticut Rent-to-Own Agreement
- Delaware Rent-to-Own Agreement
- Florida Rent-to-Own Agreement
- Hawaii Rent-to-Own Agreement
- Idaho Rent-to-Own Agreement
- Illinois Rent-to-Own Agreement
- Indiana Rent-to-Own Agreement
- Iowa Rent-to-Own Agreement
- Kansas Rent-to-Own Agreement
- Kentucky Rent-to-Own Agreement
- Louisiana Rent-to-Own Agreement
- Maine Rent-to-Own Agreement
- Maryland Rent-to-Own Agreement
- Massachusetts Rent-to-Own Agreement
- Michigan Rent-to-Own Agreement
- Minnesota Rent-to-Own Agreement
- Mississippi Rent-to-Own Agreement
- Missouri Rent-to-Own Agreement
- Montana Rent-to-Own Agreement
- Nebraska Rent-to-Own Agreement
- Nevada Rent-to-Own Agreement
- New Hampshire Rent-to-Own Agreement
- New Jersey Rent-to-Own Agreement
- New Mexico Rent-to-Own Agreement
- New York Rent-to-Own Agreement
- North Carolina Rent-to-Own Agreement
- North Dakota Rent-to-Own Agreement
- Ohio Rent-to-Own Agreement
- Oklahoma Rent-to-Own Agreement
- Oregon Rent-to-Own Agreement
- Pennsylvania Rent-to-Own Agreement
- Rhode Island Rent-to-Own Agreement
- South Carolina Rent-to-Own Agreement
- South Dakota Rent-to-Own Agreement
- Tennessee Rent-to-Own Agreement
- Texas Rent-to-Own Agreement
- Utah Rent-to-Own Agreement
- Vermont Rent-to-Own Agreement
- Virginia Rent-to-Own Agreement
- Washington Rent-to-Own Agreement
- West Virginia Rent-to-Own Agreement
- Wisconsin Rent-to-Own Agreement
- Wyoming Rent-to-Own Agreement
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