Georgia Lease Agreement

A Georgia lease agreement is a written contract between a landlord (or property manager) and a tenant that explains all the important rental terms—such as rent amount, due date, lease length, and maintenance responsibilities. To be legally valid, the lease must follow Georgia’s Landlord-Tenant Act (Official Code of Georgia Annotated — O.C.G.A. Title 44, Chapter 7). This law protects both landlords and tenants by defining their rights and obligations.

Landlords and property managers in Georgia commonly use a few different types of leases:

• Fixed-Term Lease: Runs for a specific period (for example, 12 months). Rent and terms stay the same until the lease ends.
• Month-to-Month Rental Agreement: Automatically renews every month until either party terminates or modifies the lease. Under O.C.G.A. § 44-7-7:
  • The landlord must give the tenant at least 60 days’ written notice to end the tenancy.
  • The tenant may terminate the tenancy with 30 days’ written notice.
• Sublease Agreement: Allows an existing tenant to rent out the property to another person (a “subtenant”) — but only with the landlord’s written approval.
• Commercial Lease: Used for business properties like offices or storefronts (governed by separate commercial leasing laws).

To make a Georgia lease agreement legally compliant, be sure to include the following details:

• Tenant and Landlord Names: Full legal names of everyone involved.
• Property Address: Full legal address and unit details.
• Lease Term: Start and end dates, along with renewal or termination terms.
• Rent Details: Monthly rent amount, due date, payment methods, and late fee policies.
• Security Deposit Terms: Deposit amount, refund policy, and permitted deductions.
• Georgia Required Disclosures:
  • Lead-based paint disclosures (for properties built before 1978).
  • Landlord or Manager disclosure: The lease must clearly identify the property owner or management company and provide their contact information (O.C.G.A. § 44-7-1).
• Signatures of both parties: Both landlord and tenant must sign and date the lease.

The main difference is the duration, flexibility, and legal obligations under Georgia law:

• Lease Agreement: Usually covers a fixed term (for example, one year). Rent and terms can’t change until the lease ends unless both sides agree in writing.
• Rental Agreement (Month-to-Month): Typically runs month-to-month and renews automatically. Tenants can terminate with 30 days’ written notice, and landlords can terminate or adjust terms with 60 days’ written notice (O.C.G.A. § 44-7-7).

No, under Georgia’s Landlord-Tenant Act (O.C.G.A. Title 44, Chapter 7), a landlord cannot increase rent during a fixed-term lease unless the lease specifically allows it. For month-to-month leases, landlords may raise rent or change other terms, but must give the tenant at least 60 days’ written notice before the next rental period begins (O.C.G.A. § 44-7-7).

If a tenant ends their lease early in Georgia, they may still be financially responsible for paying rent until the lease term ends or until the landlord finds a new tenant. Under Georgia’s Landlord-Tenant Act (O.C.G.A. § 44-7-1), landlords must make reasonable efforts to re-rent the property to reduce financial loss — this is called “mitigating damages.”

In Georgia, lease renewal and termination depend on the type of lease:

• Fixed-Term Lease:
  • Ends automatically on the stated end date unless both parties agree to renew.
  • Renewals should always be done in writing, either through a new lease or a signed addendum.
  • A tenant or landlord cannot terminate a fixed-term lease early without mutual consent unless there’s a legal reason (O.C.G.A. § 44-7-1 through § 44-7-13).
• Month-to-Month Lease:
  • Automatically renews each month.
  • Tenants can terminate with a 30 days’ written notice, and landlords with a 60 days’ written notice before the next rental period (O.C.G.A. § 44-7-7).

Yes, a Georgia lease agreement can be modified after signing, but only if both the landlord and tenant agree in writing. Any changes should be added as a lease addendum that clearly describes what’s being modified (for example, a rent change, pet policy, or added occupant). Both parties must sign and date the addendum to make it legally binding and must comply with Georgia’s Landlord-Tenant Act (O.C.G.A. Title 44, Chapter 7).