Georgia Month-to-Month Rental Agreement
A Georgia month-to-month lease agreement, also known as a rental agreement, is a short-term contract that renews monthly. Month-to-month tenants are called “tenants-at-will” because they or the landlord can terminate the contract with adequate notice. In other words, the agreement spans an indefinite amount of time.
Like a fixed-term Georgia lease agreement, month-to-month leases require mandatory state disclosures. Like anything involving the law, there’s a lot to know, and we’ll cover the most essential facets below.
Georgia Month-to-Month Lease Agreement
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Georgia Month-to-Month Lease Laws
Here are some key aspects of Georgia’s month-to-month lease laws:
- Disclosures: Landlords must provide tenants with specific notices, such as a lead-based paint disclosure, if the property was built before 1978.
- Notice to terminate: Landlords and tenants must provide proper notice to terminate a month-to-month lease.
- Rent increases: Landlords in Georgia generally have the right to increase rent with proper notice.
- Security deposit laws: Georgia law governs how landlords can handle security deposits, including permissible deductions and return timelines.
- Pet deposits and rent limitations: Georgia law does not limit pet deposits or rent fees.
- Late fees: Landlords may charge late fees for late rent payments, but these fees must be reasonable and comply with any applicable laws.
These are just some key aspects of Georgia’s month-to-month lease laws. Below, we’ll review each element in more detail.
Required Landlord Disclosures (6)
Disclosures are legally required elements of lease agreements, either by state or federal law, that ensure landlords provide tenants with necessary information regarding the property or rental terms.
Georgia landlord-tenant law requires landlords to provide the following disclosures:
- Landlord’s name and address: Before the lease starts, landlords must provide tenants with their name(s) and address(es). They must communicate any updates to this information to the tenant within 30 days (§ 44-7-3 (a)).
- Move-in/move-out inspection form: Landlords need to share a move-in/move-out checklist that helps tenants note the home’s current conditions before collecting a security deposit.
- Flood disclosure: Landlords must disclose to prospective tenants if the property has a history of flooding, specifically if three or more flooding events have occurred within the last 5 years (§ 44-7-20).
- Lead-based paint disclosure: Federal law requires landlords to include this disclosure in all leases for dwellings built before 1978.
- Death or disease: If tenants ask, landlords must truthfully answer whether somebody has died on the property (OCGA § 44-1-16).
- Security deposit info: Landlords must disclose the location of the bank holding tenants’ security deposits. (OCGA § 44-7-31).
Required Notice to Terminate Month-to-Month Agreement
Required notice for landlords: In Georgia, landlords must provide 60 days’ written notice to terminate a month-to-month lease agreement.
Required notice for tenants: Georgia month-to-month tenants must give 30 days’ written notice to terminate the agreement.
Required Notice to Terminate Month-to-Month Agreement
Required notice for landlords: In Georgia, landlords must provide 60 days’ written notice to terminate a month-to-month lease agreement.
Required notice for tenants: Georgia month-to-month tenants must give 30 days’ written notice to terminate the agreement.
Rent Increase Laws
Rent control in Georgia is prohibited. Landlords have the freedom to increase rent prices as they see fit, so long as they give tenants proper notice. They must provide at least 60 days’ notice that they’re increasing rent. This law applies to all lease terms.
Rent Payment Laws
Grace period: Georgia law does not require landlords to provide a grace period for rent payments. If the lease doesn’t specify a grace period, rent is considered late the day after it is due (§ 44-7-50).
Late rent fees: Georgia law doesn’t impose a limit on the amount landlords can charge for late rent fees. However, the fee must be reasonable and clearly stated in the lease agreement. Tenants can challenge excessive late fees (§ 44-7-30).
Tenant’s right to withhold rent: In Georgia, tenants can withhold rent if the landlord fails to maintain the property in a habitable condition. They must provide proper notice and allow a reasonable repair for repairs (§ 44-7-13).
Pet rent laws: No specific regulations cap the amount landlords can charge for pet rent in Georgia. Landlords may charge extra for pets if included in the lease, provided the charge adheres to general rental laws and remains reasonable.
Security Deposit Rules
Maximum security deposit: No state law limits the amount a landlord can charge for a security deposit in Georgia. However, it is common practice for landlords to charge up to one month’s rent as the security deposit (§ 44-7-30).
Security deposit receipt: Georgia law does not require landlords to provide tenants with a receipt showing the bank’s location where their security deposit is held. Tenants are not guaranteed disclosure about the deposit’s location unless specified in the lease agreement.
Interest: Georgia state law does not require landlords to pay interest on security deposits. Landlords are not obligated to provide interest on the deposit unless specified in the lease agreement.
Deduction tracking: By law, landlords are not required to track deductions for security deposits in Georgia. However, it is good practice to maintain detailed records of any damages or costs related to the deposit. Any deductions must be documented and returned to the tenant with an itemized list (§ 44-7-34).
Returning a tenant’s security deposit: In Georgia, landlords must return the security deposit within 30 days of the tenant vacating the property. If they make deductions, the landlord must provide an itemized list of charges within this timeframe (§ 44-7-34).
Pet deposit rules: Georgia law does not have specific regulations for pet deposits. However, landlords may charge a pet deposit or additional pet rent if the lease agreement specifies. These fees must comply with general rental laws.
Property Access Regulations
Advance notice: Georgia state law does not explicitly mandate a specific timeframe for advance notice before a landlord enters a rental property.
Immediate access: Landlords in Georgia may enter a rental property without notice in emergencies. Examples include entry to make repairs that prevent significant property damage or to address emergency health or safety hazards.
Landlord Harassment: While Georgia law does not explicitly define landlord harassment, repeatedly entering a tenant’s rental without proper notice or for non-emergency reasons could be considered harassment. Harassment could allow the tenant to break the lease legally or seek other legal remedies.
Rental Agreement Violations
Missed Rent Payment: If a tenant in Georgia misses a rent payment and the grace period has passed, a landlord can issue a 7-day notice to pay or quit, giving the tenant 7 days to pay the rent or vacate the property. The landlord may initiate eviction proceedings if the tenant fails to comply (§ 44-7-50).
Lease Violation: If a tenant violates their lease terms in Georgia, the first step a landlord can take is to issue a 7-day notice to cure or quit, allowing the tenant 7 days to fix the violation or vacate the premises. The landlord can file for eviction if the tenant doesn’t resolve the issue (§ 44-7-50).
Self-Help Evictions: Self-help evictions, where a landlord attempts to remove a tenant without going through the legal process, are illegal in Georgia. Landlords must follow the formal eviction process through the courts to remove a tenant (§ 44-7-50).
Lease Abandonment: In Georgia, if a tenant abandons the property before the lease term is complete, the tenant is still financially responsible for rent until the lease ends unless the landlord can re-rent the property. The landlord must reasonably try to mitigate damages (§ 44-7-50).
Georgia Month-to-Month Lease Agreement FAQs
What is a Georgia month-to-month lease agreement?
A month-to-month lease is a rental agreement that automatically renews each month unless either party provides a proper written termination notice.
What’s the difference between a lease and a month-to-month agreement?
The difference is that a lease has a fixed term (e.g., 1 year), while a month-to-month lease automatically renews each month.
How to end a Georgia month-to-month lease agreement?
Landlords and tenants typically must provide written notice to end a month-to-month lease. In Georgia, that period is 60 days for landlords and 30 days for tenants.