Georgia Room Rental Agreement

Required Landlord Disclosures (6)

Georgia law requires landlords to provide six disclosures when a rental agreement is signed, regardless of the contract length.

Here are the required landlord disclosures in Georgia:

1. Lead paint: Federal law requires landlords to inform tenants about the possible presence of lead-based paint in homes built before 1978 (EPA).

2. Landlord’s information: The tenant has the right to receive the landlord’s and any applicable agent’s name and address. If this contact information changes, the landlord must notify the tenant within 30 days (§ 44-7-3 (a)).

3. Move-in/move-out form: Landlords should give the tenant a move-in/move-out checklist to document the property’s condition before collecting a security deposit.

4. Floods: If the property has undergone any damaging floods in the past five years, the landlord should notify the tenant before signing a lease (§ 44-7-20).

5. Notification about death or certain diseases: Landlords must inform the tenant if anyone has died or had a serious, contagious disease at the residence (§ 44-1-16).

6. Security deposit bank information: A Georgia landlord must provide the tenant with a written document stating where they will hold the security deposit during the tenancy (§ 44-7-31).

TurboTenant provides all these disclosures with each lease.

Security Deposits

Maximum security deposit: Landlords in Georgia can charge a security deposit. State law doesn’t set a minimum or maximum amount, but most landlords require a deposit equal to one month’s rent (§ 44-7-30).

Security deposit receipt: Landlords in Georgia aren’t required to provide a security deposit receipt unless specified in the rental agreement. However, they must give tenants written notice about where they will keep the security deposit. (§ 44-7-31).

Deduction tracking: Georgia landlords must give tenants an itemized list of deductions for damages beyond normal wear and tear. They must return the remaining security deposit balance, along with this list, within 30 days after move-out (§ 44-7-34).

Pet deposits: Pet deposits are allowed in Georgia. While not addressed in state law, landlords may charge reasonable pet fees or pet rent in lease agreements, provided they comply with all legal requirements.

Rent Payment Regulations

Late rent fees: Landlords in Georgia can charge reasonable late rent fees if the lease outlines them. If the fees seem excessive, tenants may contest them (§ 44-7-30).

Right to withhold rent: As in many states, tenants in Georgia may withhold rent payments if the landlord leaves the property uninhabitable. To do so, tenants must notify the landlord in advance and allow sufficient time to complete the repair (§ 44-7-13).

Grace period: Grace periods are optional for Georgia landlords. Without one outlined in the lease agreement, rent is considered late the day after its due date (§ 44-7-50).

Pet rent: Georgia law doesn’t regulate pet rent, so landlords can charge a reasonable amount as long as they follow local and state laws and include the pet rent rate in the lease agreement.

Rent Payment Increase Rules

Rent payment increase frequency: Georgia landlords can raise rent as often as they choose, as long as they provide proper notice and the tenant is not under a fixed-term lease.

Rent payment increase maximum: Georgia law does not limit how much landlords can raise rent, but the increase should be fair and reasonable.

Rent control/stabilization: Georgia has no rent control or stabilization laws.

Room Rental Agreement Breaches

Failure to pay: After a missed rent payment, the next step for the landlord is to issue a 7-day Notice to Pay or Quit to the tenant. Doing so gives the tenant a short window to pay or move out. If the tenant still hasn’t paid rent after 7 days, the landlord may proceed with eviction (§ 44-7-50).

Lease violations: After a lease violation, the landlord may issue a 7-day Notice to Cure or Quit, giving the tenant time to resolve the violation or move out within that timeframe. If the tenant fails to act, the landlord can start the eviction process (§ 44-7-50).

Lease abandonment: When a tenant abandons a property during an active Georgia room rental agreement, their financial obligations continue, meaning they must keep paying rent until the lease ends, unless the landlord secures a new tenant (§ 44-7-50).

Self-help evictions: Landlords cannot self-evict tenants, as self-help evictions are against the law (§ 44-7-50).

Ending a Room Rental Agreement

A room rental in Georgia typically follows a fixed-term lease, although month-to-month agreements are also an option. If a fixed-term lease is in place, Georgia law requires landlords and tenants to provide sufficient notice before breaking a lease.

Month-to-month: To end a month-to-month Georgia room rental agreement, the landlord must provide 60 days of notice, while the tenant only needs to provide 30 days of notice (§ 44-7-7).

Fixed-term: The landlord and tenant should review the lease agreement to confirm the required notice period. Typically, the lease ends when the term concludes. If a tenant ends a Georgia room rental agreement early, it’s considered breaking the lease and may require them to pay rent until the lease ends or until the landlord re-rents the room (§ 44-7-50). Landlords can include early termination clauses in their TurboTenant leases to outline potential penalties and give tenants a clear exit plan.

Room abandonment: If a tenant abandons a room, they must continue paying rent until the end of the lease term, unless the landlord finds a replacement tenant (§ 44-7-50).

Tenant’s right to terminate: Tenants must meet one of two conditions to break a lease without penalty. The first is active duty military service, such as a permanent reassignment 35 miles or more away, eligibility for military housing, or completing active duty and returning home (§ 44-7-22). The second is a situation involving civil or criminal violence or stalking. In this case, a tenant (or someone living at the property) must have a civil family violence order, civil stalking order, criminal family violence order, or criminal stalking order to end the lease without penalties (§ 44-7-23).

Landlord Room Access Laws

Immediate access: A landlord may enter a tenant’s room without prior notice if a valid emergency exists. Emergencies may include major repairs or health and safety concerns.

Landlord harassment: Georgia law does not explicitly address landlord harassment. However, repeated entry without proper notice or an emergency could be considered harassment. If it continues, the tenant may have grounds to terminate the lease early or take legal action.

Advance notice: Landlords should provide a reasonable amount of notice before entering a rental, though Georgia law does not specify an exact timeframe.

Agreement Renewal/Termination

Required renewals: The lease should specify the notice required to renew. Typically, the lease ends on its stated end date, or tenancy at will applies if it is outlined in the agreement. As a general rule, landlords must give 60 days of notice, and tenants must give 30 days of notice (§ 44-7-7).

Required notice: The tenant must provide 30 days of notice to terminate or renew a lease. If the landlord initiates, they must give 60 days of notice (§ 44-7-7).

Month-to-month considerations: In Georgia, the landlord must give 60 days’ notice, or the tenant can give 30 days’ notice to terminate a month-to-month room rental agreement. If the tenant signs a fixed-term lease, the tenancy ends at the end of the term, unless the lease states that it will convert to a month-to-month agreement (§ 44-7-7).