Types (7)
Commercial (Form CF10)
Georgia Realtors form for landlords leasing office, retail, or warehouse space to a business tenant for a set term.
Commercial Sublease (Form CF12)
Allows a business tenant to sublet their commercial space to another business for part or all of the remaining lease.
Lease-to-Own (Form F36)
A residential lease that includes a purchase option, letting the tenant buy the property at a set price before or when the lease ends.
Month-to-Month
A rental arrangement with no set end date that renews each month. Either party may terminate with 30 days’ notice.
Roommate
Helps co-tenants in a shared rental unit agree on how to handle rent, utilities, chores, and common area use.
Standard (Residential) (Form F40)
The Georgia Realtors standard form for residential rentals. Covers rent, security deposit, maintenance, and the rights of both parties.
Sublease
Signed between the original tenant and a new occupant, transferring the right to live in the unit for the remaining lease term.
Renting in Georgia
| Most Common Rental Type | Apartments |
| Average Rent | $1,506/mo |
| Households That Rent | 33.7% |
| Average Renter Household Size | 2.4 |
| Rental Vacancy Rate | 8.3% |
Source: U.S. Census Bureau, American Community Survey (2024)[13] & Housing Vacancy Survey (2024)[14]
What is a Georgia Lease Agreement?
A Georgia lease agreement captures the agreed-upon terms of a rental between a property owner and a tenant. It records the rent, lease duration, maintenance expectations, and any restrictions that apply to the property.
Georgia law requires landlords to keep all rental units in habitable condition and to address needed repairs within a reasonable period after receiving written notice. The state prohibits retaliatory actions against tenants who report housing code violations or exercise other legal rights.
State Laws & Guides
Laws: Georgia Code Title 44, Chapter 7 – Landlord and Tenant
Guides:
When is Rent Due?
Georgia does not have a specific statute that dictates when rent must be paid. Rent is due on the date specified in the lease agreement. There is no state-mandated grace period and no statutory cap on late fees.
Landlord’s Access
Emergency: Georgia does not have a specific entry statute, but landlords are generally permitted to enter without notice in an emergency.
Non-Emergency: There is no state law requiring a specific notice period. The Georgia Landlord-Tenant Handbook states that landlords may enter according to the lease terms, and most leases require reasonable notice before entry.
Landlord’s Duties
Georgia law requires landlords to keep the rental premises in repair and maintain them in a condition fit for human habitation.[1] The landlord is liable for all defects of which they had knowledge or should have known at the time the lease was signed.[2] Landlords may not cut off heat, light, water, or cooling to force a tenant out.[10] Beyond these requirements, specific maintenance duties are typically governed by the lease terms.
Tenant’s Duties
Under Georgia law, tenants must not commit waste on the property and must return the premises in the same condition as received, minus normal wear and tear.[3] As with landlord duties, specific tenant obligations in Georgia are typically governed by the terms of the lease rather than a detailed statute.
Required Disclosures
Property Condition: Before accepting a security deposit, the landlord must provide the tenant with a written list of all existing damage to the premises. The tenant has the right to inspect the property and agree or disagree with the list.[4]
Flooding History: Landlords must disclose if the living space has flooded 3 or more times within the previous 5-year period.[5]
Names and Addresses: At or before the start of the tenancy, the landlord must disclose in writing the name and address of the property owner or their authorized representative.[6]
Security Deposit Location: The landlord must provide written notice of the escrow account where the security deposit is held.[12]
Previous Tenant Issues: When asked, the landlord must disclose if a prior tenant was infected with a communicable disease, or if the property was the site of a homicide, felony, suicide, or death.[7]
Lead-Based Paint: Required under federal law for all dwellings built before 1978. The landlord must disclose known lead hazards and provide the EPA information pamphlet.[8]
Disclosure Forms
Property Disclosure Form – Download: Adobe PDF
Flooding Disclosure Form – Download: Adobe PDF
Lead-Based Paint Disclosure – Download: Adobe PDF
Security Deposits
Maximum Amount: The security deposit cannot exceed 2 months’ rent.[11]
Holding Requirements: The deposit must be held in an escrow account at a federally insured bank. The landlord must notify the tenant in writing of the account location.[12]
Returning to Tenant: The deposit must be returned within 30 days of the tenant vacating. If the landlord retains any portion, they must send a written itemized statement of deductions via first-class mail.[9]
Deposit Interest: Not required under Georgia law.
Uses of the Deposit: Landlords may deduct for unpaid rent, utilities, late fees, damages beyond normal wear and tear, and any other charges permitted under the lease.[9]
- O.C.G.A. § 44-7-13 – Landlord’s Duty to Repair
- O.C.G.A. § 44-7-14 – Landlord Liability for Defects
- O.C.G.A. § 44-7-12 – Tenant’s Obligations
- O.C.G.A. § 44-7-33 – Property Condition Disclosure
- O.C.G.A. § 44-7-20 – Flooding Disclosure
- O.C.G.A. § 44-7-3 – Landlord Identity Disclosure
- O.C.G.A. § 44-1-16 – Previous Tenant Issues
- 42 U.S.C. § 4852d – Lead-Based Paint Disclosure (EPA)
- O.C.G.A. § 44-7-34 – Security Deposit Return
- O.C.G.A. § 44-7-14.1 – Landlord’s Duties as to Utilities
- O.C.G.A. § 44-7-30.1 – Security Deposit Limitation
- O.C.G.A. § 44-7-31 – Escrow Account Requirements
- U.S. Census Bureau, American Community Survey 2024 1-Year Estimates
- U.S. Census Bureau, Housing Vacancies and Homeownership Survey (2024)