What clauses are legally required in every Georgia lease agreement?
Georgia does not require a written lease for tenancies of one year or less, but a written lease is strongly recommended. Every lease should identify the landlord/agent and all adult tenants, the property, the rent amount and due date, the term, and the security deposit terms. Georgia law then layers on specific security-deposit and inspection duties for non-exempt landlords (below).
Leases longer than one year must be in writing and signed to be enforceable under Georgia's Statute of Frauds.
Georgia security deposit rules — escrow, move-in inspection, and returns
Since the Safe at Home Act (HB 404, effective July 1, 2024), Georgia both caps the deposit and regulates how it is held and returned:
- Deposit cap (§ 44-7-30.1): no more than two months' rent, for leases entered into or renewed on or after July 1, 2024.
- Escrow or bond (§ 44-7-31): A non-exempt landlord must place the deposit in an escrow account used only for that purpose, or post a surety bond, and disclose to the tenant where the deposit is held.
- Small-landlord exemption (§ 44-7-36): A natural person who, with spouse and minor children, owns 10 or fewer rental units and does not use an outside management company is exempt from the escrow rule, the move-in/move-out damage lists, and the treble-damages remedy (§§ 44-7-31, 44-7-32, 44-7-33, and 44-7-35) — but is not exempt from the 30-day return rule (§ 44-7-34).
- Move-in inspection (§ 44-7-33): Before collecting a deposit, a non-exempt landlord must give the tenant a written list of existing damage; the tenant may inspect and note disagreements. Within three business days after move-out, the landlord prepares a move-out list.
- Return (§ 44-7-34): Within 30 days of move-out, the landlord must return the deposit or an itemized statement of deductions.
A landlord who retains a deposit in bad faith is liable for three times the amount wrongfully withheld plus reasonable attorney's fees (§ 44-7-35).
What disclosures must Georgia landlords provide?
Georgia's required disclosures are limited:
- Flood disclosure (§ 44-7-20): If the dwelling has flooded at least three times within the past five years, the landlord must disclose that fact in writing before signing the lease.
- Lead-based paint (federal): Required for any dwelling built before 1978 — signed disclosure, records, and the EPA pamphlet.
- Move-in damage list (§ 44-7-33): For non-exempt landlords, the written list of existing damage functions as a required pre-tenancy disclosure.
Late fees, rent, and grace periods in Georgia
Georgia does not set a statutory cap on late fees or a mandatory grace period. A late fee is enforceable if it is written into the lease and is reasonable rather than an unenforceable penalty. Rent is due as stated in the lease, and there is no state-mandated grace period, so landlords should spell out the due date, any grace period, and the late-fee amount clearly in the lease.
Notice periods to end or not renew a Georgia lease
Georgia is unusual in giving landlords and tenants different notice periods for month-to-month tenancies:
| Party ending a month-to-month tenancy | Required notice | Statute |
|---|---|---|
| Landlord | 60 days | O.C.G.A. § 44-7-7 |
| Tenant | 30 days | O.C.G.A. § 44-7-7 |
For nonpayment or holdover, Georgia uses a dispossessory process: the landlord makes a demand for possession, and if the tenant refuses, files a dispossessory affidavit. Georgia does not prescribe a fixed statutory pre-suit waiting period for nonpayment the way some states do — verify the current demand-for-possession procedure before filing. Self-help eviction is unlawful.
What happens if a Georgia lease is missing required terms?
Specific failures carry specific consequences:
- Skipping escrow / the move-in list (for a non-exempt landlord) can bar the landlord from retaining any part of the deposit for damages.
- Bad-faith deposit retention exposes the landlord to triple damages plus attorney's fees (§ 44-7-35).
- Missing flood disclosure where three floods occurred in five years leaves the lease non-compliant with § 44-7-20.
Managing rentals in more than one state? Compare Georgia's rules with our Florida and Texas lease requirement guides.
Full Georgia disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Georgia landlord must give at signing, see our Georgia required lease disclosures checklist.
Create your Georgia lease agreement
Generate a legally-structured, Georgia-specific lease agreement in minutes with our AI-powered builder — built for all 50 states.
Create your Georgia lease agreement →Frequently asked questions
Is there a security deposit limit in Georgia?
Yes, as of 2024. Georgia's Safe at Home Act (HB 404) caps the residential security deposit at two months' rent (O.C.G.A. § 44-7-30.1, effective July 1, 2024). Non-exempt landlords must also hold the deposit in escrow or post a surety bond (§ 44-7-31) and return it, minus itemized deductions, within 30 days of move-out (§ 44-7-34).
How long does a Georgia landlord have to return a security deposit?
Within 30 days after the tenant moves out, the landlord must return the deposit or provide an itemized statement of deductions (O.C.G.A. § 44-7-34). Bad-faith retention makes the landlord liable for three times the amount wrongfully withheld plus attorney's fees (§ 44-7-35).
Does a Georgia landlord have to do a move-in inspection?
Non-exempt landlords must give the tenant a written list of existing damage before collecting a deposit, and the tenant has the right to inspect and note disagreements (O.C.G.A. § 44-7-33). Landlords who own 10 or fewer units and use no management company are exempt from this requirement.
How much notice must a Georgia landlord give to end a month-to-month tenancy?
A landlord must give 60 days' notice to terminate a month-to-month tenancy, while a tenant only needs to give 30 days' notice (O.C.G.A. § 44-7-7).
What disclosures are required in a Georgia lease?
Georgia requires a written flood disclosure if the unit has flooded at least three times in the past five years (O.C.G.A. § 44-7-20), and federal law requires a lead-based paint disclosure for pre-1978 housing. Non-exempt landlords must also provide the written move-in damage list.
Is there a late-fee limit in Georgia?
No. Georgia does not cap late fees or require a grace period. A late fee is enforceable if it is written into the lease and is reasonable rather than a punitive penalty.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.