GA Residential Lease Agreements Explained
Residential lease agreements are the cornerstone of the landlord-tenant relationship in Georgia, and a solid understanding of your rights and obligations under a lease is vital for both parties. While the most comprehensive resource on residential leases in Georgia is always going to be O.C.G.A. §44-7-1 et seq. – a sticky read in an outdated printed text, which was passed almost 200 years ago – there are plenty of online resources which can help you understand what a Georgia lease is, how it functions, and how much contractual freedom our General Assembly gives Georgia landlords and tenants when it comes to their rental agreement .
A lease is a contract between a landlord and tenant; it states the terms under which the landlord agrees to rent out their property, and the terms under which the tenant agrees to a temporary exchange of their money for the right to occupy the property. A lease agreement is highly negotiable, so if you have the opportunity to craft a lease from scratch or redraft one already in use, you should take full advantage.
A lease agreement for residential property should be relatively simple, and much like a contract for any other service, each side simply needs to be clear about their roles in the transaction. The Residential Landlord-Tenant Act, codified in Title 44, Chapter 7, governs this area of Georgia law, and while there are established rules all landlords must follow, you should not assume that creating your own lease agreement cannot limit your rights as a property owner.
Essentials of a GA Residential Lease
A Georgia residential lease agreement includes several critical elements that must be present for the contract to be enforceable. The tenant and landlord information forms the lease’s backbone: it identifies the parties and establishes a way to contact each if issues or questions arise. Equally important to the rental contract’s validity are the lease term and rent specifics. It’s also important to evaluate security deposit details for Georgia leases and understand maintenance responsibilities.
Tenant and Landlord Information
A lease agreement identifies both the landlord and tenant by name; this is a straightforward but crucial detail that renters and landlords must remember when executing the rental contract. If the key elements of a Georgia residential lease agreement are not completed properly, it could inhibit the document’s enforceability and cause problems later, though the law generally allows time for the parties to rectify mistakes. Some errors, however, can render it impossible to fix. In those instances, a judge may have to interpret the faulty language, and that interpretation may not align with what the tenant and landlord intended.
The tenant and landlord contact details on a residential lease agreement should contain the address where the tenant will reside; it may also include their phone number. Landlords must provide their contact information too since they cannot rely on their tenant’s details alone. Contact details placed directly on the lease may be inadequate, so landlords often write a separate cover letter. This letter would list both parties’ contact information to facilitate communication.
Lease Term
The lease term is a component of the essential elements of a Georgia residential lease as well. It determines how long the tenant has the right to occupy the property. Typically, residential leases last for one year, but shorter or longer terms are possible, including month-to-month agreements. A short-term lease could be appropriate for those seeking temporary housing or have a desire to move at some point soon. In contrast, a long-term lease may be appropriate when the tenant specifically wants the assurance of housing for a period of more than one year.
Rent Specifics
The rent specific items are also considered an essential component of a Georgia residential lease, similar to the lease term. If the parties have agreed to a rental amount, then the document should state that clearly. Otherwise, if the landlord intends to charge rent, but the rental rate does not appear in the lease, the tenant should not pay rent. In addition to rent, the lease must describe the other payments the tenant must make. For example, the contract may require the payment of association fees, utilities, storage fees, parking fees and pet fees. If these amounts increase, or if they are required to be paid at varying times, the contract should note those details.
While the amount of rent is the most significant detail, the method of payment is no less important. The lease should state when the payments are due, but also where to send them, since that location or method could vary based on who the landlord is. The method for payment should also be stated if the parties have agreed to alternative methods, such as wire transfers or sending the checks to third parties.
Security Deposit
In Georgia, there is no state requirement for security deposits, but many landlords still require them to protect themselves from tenant-related issues. The first step in collecting security deposits is disclosing information about the deposit and getting the tenant’s signature on that disclosure. Many lease agreements combine the disclosure with the language regarding the security deposit. Because rents and deposits can increase throughout the term of the rental contract, the disclosure may be varying amounts for each month. If the security deposit does change, the lease should still require a new disclosure to ensure the tenant is still in agreement regarding the amount.
Maintenance Responsibilities
Some Georgia residential leases also enforce maintenance responsibilities. While not required, landlords may include some maintenance tasks as part of the lease agreement. The parties may consider maintenance responsibilities when making decisions about whether to continue with the rental contract or move on to something else.
Required Clauses in a Georgia Lease Agreement
Georgia law mandates that all residential lease agreements contain certain clauses and provisions, regardless of the preferences of the landlord or the tenant. Mandatory provisions are generally designed to protect tenant rights and ensure they have full knowledge of circumstances that may affect their tenancy.
Nondiscrimination Policy One such mandatory provision is a clause affirming the landlord’s nondiscrimination policy based on familial status, sex, race, color, religion, or national origin of the tenant. It would be against the law for a landlord to discriminate against any of those classes, and the nondiscrimination clause protects the tenant and alerts them to this fact.
Security Deposit Another mandatory provision concerns the handling of the security deposit. Georgia law requires landlords to provide a written list of damages if any are withheld from the security deposit after the tenant vacates the property. This must be done either within a few days of the tenant leaving the property or within 30 days of the expiration of the lease agreement.
Landlord Obligations for Repairs Georgia law also requires that emergency and non-emergency repairs be addressed by the landlord in accordance with the Residential Landlord-Tenant Act, under which landlords are obligated to make repairs that are reasonably necessary to keep the premises fit and habitable. A landlord does not have to make modifications to the property to accommodate physical disabilities, except in the case of an accommodation for a service animal under the Fair Housing Act (FHA). The landlord is allowed a reasonable time to make the repair. If they do not do so within a reasonable amount of time, the tenant is allowed to pursue legal action to have the repair made, or make the repair themselves and deduct the cost from the rent.
Tenant Rights Under Georgia law, tenants have the right to: If a landlord violates any of these rights, the tenant may be entitled to remedies and damages through the local court system.
Common Errors in Lease Agreements
When entering into negotiations surrounding a lease, it is important to understand not only what terms you want the agreement to include but also common pitfalls to avoid. This is true whether you are a landlord or a tenant. Here are a few things that go wrong with lease agreements far too often.
Not including who is responsible for paying utilities: Sometimes the landlord and the tenant think they have agreed between themselves who will pay which utilities, but they forget to include it in writing in the lease. This can lead to significant disputes later after the contract is already in place and costs against either party – depending on who is actually responsible for these expenses.
Not having any rules about pets: Some landlords are very strict about pets and their lease agreements specifically lay down the law on whether or not a pet is allowed. If a pet is not allowed and you think you would like one, now is the time to talk to your landlord.
Not knowing what is included in rent: Some places advertise low rent prices to get a tenant in, but then the tenant has to pay for utilities, trash, water, sewage, lawn care, and anything else that comes to the owner. Alternatively, landlords sometimes fail to mention that certain bills are included. When the tenant fails to pay his or her bill, then the landlord can often try to enforce their lease anyway.
Failing to have the right notary: If you plan to sign a lease with your landlord, make sure there is a notary public present to sign. If one is not available, call and make arrangements to return later and have it notarized.
Renewals & Terminations of Leases in Georgia
After a one-year lease term, both the landlord and tenant have the option to renew the document. If at any time either party wishes to discontinue the relationship, they must provide appropriate notice. A lease may be terminated by mutual consent or as provided by statute. In the absence of mutual consent, the lease will continue as a month-to-month lease unless either party provides at least 60 days’ notice, which must terminate on the last day of the month. If the lease is a periodic lease with a period more frequent than a month, 60 days’ notice is required and the termination must occur at the end of a period.
A tenant may be permitted to terminate the lease prior to its expiration by providing the landlord a minimum of thirty days’ notice. The landlord may choose, but is not required , to make an exception to the lease when tenants need to break their lease for certain specific and substantial qualifying reasons. These include: In order to validate the term that allows for early termination of a lease, all the prerequisites set out to qualify the tenant must be met and documented. Documentation is particularly important in the case of disability, as these matters can be quite sensitive. The attachment must clearly read "Documentation Required." It then goes on to say, "Submit your request in writing along with the above documentation."
For example, if the tenant is relocating due to a job transfer: The letter must be typed or hand-written (not e-mailed) on the company’s letterhead, signed, dated and indicate the address of both the home-going and new position, along with the last working day.
Disputing Rights Between Tenant & Landlord: The Law
The issue of legal disputes in Georgia between landlords and tenants is more complex than it seems at first blush. The vast majority of residential rental cases that arise in Georgia are handled by Magistrate’s Court which has a monetary jurisdiction cap of $15,000. Consistently, this Court zeroes in on the issues involved and not so much on who is v. who. In addition, while this Court is a Court of law, it also encourages the parties to resolve their issues in a manner that will ultimately be beneficial to both. It makes suggestions to each party that may be useful to them. Further, it tries to put aside formalities of a more formal Court (dressing your best, understanding how to address the Judge, etc.) and attempts to allow both parties to present their evidence satisfactorily. In effect, it levels the playing field especially for individuals representing themselves. Most of the time, there are no attorneys involved.
What if you can’t work it out? What if you have specific queries or controversies? There are other less formal means of addressing landlord-tenant rights in Georgia:
• Fair Trade Practices – The Georgia Fair Business Practices Act (FBPA) protects your interests mutually. The FBPA prohibits conduct that has a tendency or capacity to deceive, giving rise to a claim of fraud. This act is designed precisely to offer protection to consumers, defined as "persons who submit an application in the process of obtaining a rental agreement for personal, household, or family use or for use in connection with personal, household, or family purposes." GA Code Ann. § 10-1-390 [1992, pp. 94, 118].
• Equity – This particular doctrine allows a Court to base its decision upon fairness, justice, and conscience as modified by the laws and customs of the community. Equity will allow the Judge to rule on how he believes the outcome should be based upon what is fair and just under the circumstances. The issue of equitable estoppel offers other specific avenues of equitable relief to a litigant.
• Americans with Disabilities Act – There are two Federal laws in effect, The Fair Housing Act and Section 504 of the Rehabilitation Act of 1973. Under these laws individuals may file housing discrimination complaints. If your complaint is approved, an agent of HUD will attempt to negotiate a settlement. If that fails, a HUD Administrative Law Judge will hear the case and may order the owner to pay compensation. In later decisions, the Eleventh Circuit Court of Appeals interpreted and redefined the rights of individuals under these Acts.
• Lien Claims – Lastly, there is a specific remedy to resolve any amount due to a landlord under a residential lease/rental agreement. A landlord may file a statement with the court with the name of the tenant, the unit involved and the amount of rent due. In the event it is approved, a judgment will be entered in the superior court in favor of the landlord and against the former tenant. Any amount collected by the landlord under the lien laws will be paid over to the court and applied to the amount of the judgment. This procedure is not unlike a Magnificent Seven approach and thus the reason why it ranks last!
Help & Further Information
Additionally, Georgia’s Department of Community Affairs provides a search function on its site to locate legal aid offices in Georgia. The search function allows users to view contact information and locations for each office. Legal Aid offices can assist those individuals unable to afford an attorney.
For guidance on landlord tenant laws and disputes , the Georgia Small Claims Court guide provides a list of resources for Georgia landlords and tenants. The Small Claims Court guide also provides resources for first time landlords and tenants, an FAQ and other useful information.
Finally, neighborhood associations and homeowner’s associations may have useful materials to guide landlords and tenants.
