What a Georgia residential lease agreement is for
For decades Georgia was one of the few states without an express duty of habitability for rental housing. That changed with the Safe at Home Act, which applies to leases entered into or renewed on or after July 1, 2024. Landlords now owe a non-waivable duty to keep their rentals fit for human habitation, may not take more than two months' rent as a deposit, may not cut off utilities such as cooling to push a tenant out, and must take an extra notice step before filing for eviction for non-payment. Many Georgia leases in circulation, including free ones online, were written before the change.
This template is a full Georgia lease built around those rules and Georgia's older but still strict deposit procedure, which requires a written list of existing damage before a deposit can be kept for damage. It covers the parties and the owner disclosure, term and rent, the deposit from cap to refund, habitability and repairs, utilities, use and pets, entry, the flooding and lead disclosures, insurance, default and eviction steps, and ending the tenancy. Schedules give the move-in damage list, the lead disclosure, association rules and a deposit statement.
When to use it
Use it for a new lease or renewal of a single-family home, apartment, townhouse or condo anywhere in Georgia, from metro Atlanta to Savannah and Augusta. Because the Safe at Home Act applies to renewals, landlords with older forms should switch at the next renewal.
It is not designed for public housing or project-based Section 8, which use program leases, or for short-term vacation rentals. If the property is in a homeowners' or condominium association, attach its rules as Schedule C.
What's inside
The full list of sections and fields in this template, in the order they appear.
-
Parties and disclosure
- Owner
- Manager
- Agent for notices and service
- Tenants and occupants
-
Premises, term and rent
- Premises and inclusions
- Fixed term or month to month
- Tenancy at will notice
- Rent and payment
- Late fee
-
Security deposit
- Two-month cap
- Escrow or surety bond
- Move-in damage list
- One-month return
- Move-out inspection
- Permitted deductions
-
Habitability and repairs
- Non-waivable habitability duty
- Landlord's repairs
- Tenant's duties
- No utility or cooling shutoffs
- Utilities
-
Use, pets and entry
- Occupancy
- No subletting or short-term rental
- Association rules
- Pets and assistance animals
- Entry notice
-
Disclosures and insurance
- Flooding disclosure
- Lead-based paint
- Renter's insurance
-
Default and ending the tenancy
- Demand and 3-business-day notice
- Cure notice
- No self-help
- Retaliation
- Notice to end
- Military and family violence
- Move-out
-
Schedules A to D
- Move-in damage list
- Lead disclosure
- Association rules
- Deposit statement
-
Landlord's Checklist
- 9 checks before handing over the keys
Preview pages
-
Page 1 -
Page 2 -
Page 3
How to fill in the lease
- Disclose the owner and manager. Give names and addresses for notices and service of process.
- Choose the term. Fixed term, which converts to a tenancy at will if the tenant stays, or month to month.
- Set rent and any late fee. Keep the late fee a reasonable estimate of cost.
- Set the deposit. No more than two months' rent; choose the escrow or small-landlord option.
- Complete the move-in damage list. Give Schedule A to the tenant before accepting the deposit and let them inspect.
- Assign utilities and choose pet terms.
- Complete the flooding disclosure and the lead disclosure for pre-1978 homes.
- Sign and keep records. Give each tenant a copy and keep photos with the damage list.
Example: deposit and move-out in Marietta
A fictional landlord, Kennesaw Ridge Homes LLC, which owns 14 rental homes, leases a three-bedroom house in Marietta to Andre and Simone Harris for 12 months from August 1, 2026 at $2,100 a month.
Deposit: $2,100, held in a security deposit escrow account at a Marietta bank (the landlord owns more than 10 units). Move-in list: given July 29, 2026, noting a cracked tile in the hall bath; the Harrises add a note about a stained carpet in bedroom 2. Move-out: the Harrises leave on July 31, 2027. The move-out inspection is on August 3 (within 3 business days). Statement: sent by August 31, 2027: $260 for a broken blind and a damaged closet door; the stained carpet and cracked tile are not charged because they were on the move-in list. Refund: $1,840.
Georgia rules to know
- Safe at Home Act (2024). Habitability duty, two-month deposit cap, no utility shutoffs before eviction, pre-filing notice, for leases entered into or renewed since July 1, 2024.
- Deposits (O.C.G.A. sections 44-7-30 to 44-7-37). Escrow or bond for larger landlords, move-in damage list, one-month return, move-out inspection within 3 business days, treble damages for bad faith.
- Owner disclosure (section 44-7-3). Names and addresses of the owner or agent and the manager.
- Flooding disclosure (section 44-7-20). Three or more floods in five years must be disclosed.
- Tenancy at will (section 44-7-7). 60 days' notice from the landlord, 30 from the tenant.
- Retaliation (section 44-7-24). Prohibited after good faith complaints or repair requests.
- Eviction. Only by dispossessory proceeding and writ of possession; no lockouts.
Lease problems Georgia landlords run into
The problems that cost Georgia landlords money are usually procedural. A deposit is kept for damage, but no move-in damage list was ever given, so none of it can be kept. The deposit statement goes out after five weeks instead of one month. A renewal signed in 2025 still asks for three months' rent as a deposit, above the new cap. A landlord files for eviction without the new notice step, and the case is dismissed. Or the air conditioning is left broken for weeks in July, which is now a breach of the habitability duty. The deposit procedure, notice steps and repair terms in this lease are written to prevent each of them.
Frequently asked questions
What is the Georgia Safe at Home Act?
A 2024 law (H.B. 404) that applies to residential leases entered into or renewed on or after July 1, 2024. It requires landlords to keep rentals fit for human habitation, caps security deposits at two months' rent, prohibits cutting off utilities such as cooling before an eviction is complete, and adds a notice step before filing for eviction for non-payment.
How much can a landlord charge for a security deposit in Georgia?
No more than two months' rent under the Safe at Home Act, including any refundable pet deposit. Landlords who own or manage more than 10 units must also hold deposits in an escrow account at a Georgia bank or post a surety bond.
How long does a Georgia landlord have to return a security deposit?
One month after the tenant gives up possession, with a written statement of the exact reasons for any amount kept. A landlord who did not give the tenant a move-in list of existing damage cannot keep any of the deposit for damage.
How much notice is needed to end a month-to-month lease in Georgia?
A month-to-month or other tenancy at will can be ended by the landlord with 60 days' notice and by the tenant with 30 days' notice (O.C.G.A. section 44-7-7). A fixed-term lease ends on its end date.
Does a Georgia landlord have to disclose flooding?
Yes. Before signing, the landlord must tell the tenant in writing if the living space or attachments have been damaged by flooding three or more times in the previous five years.
