A Georgia lease agreement is a written contract between the landlord and the tenant that allows the tenant to occupy the described property in some way (generally for business or residential purposes) in exchange for a monthly fee that is acknowledged as rent.
When Do You Need a Georgia Lease Agreement?
If the landlord is renting out his property to a tenant, the landlord would want to make sure that he has a written Lease Agreement signed, before the tenant moves into the property. By signing a Lease Agreement, both the landlord as well as the tenant are essentially putting the terms of their agreement, to rent the property in writing.
Purpose of a Georgia Lease Agreement
The Georgia Lease Agreement document is used when:
- A landlord is leasing residential property to a tenant in Georgia.
- A landlord wants to a rent a room to a tenant.
- A tenant wants to lease residential property from a landlord who doesn’t have a lease form.
Inclusions in the Georgia Lease Agreement
Parties involved: In the creation of this agreement there are usually two parties involved; the first being landlord and the second is the tenant.
Effective dates: This agreement would states the date on which the license will start
Where does it apply: This agreement is legally binding within the boundaries of the state of Georgia, where it is originally drawn at.
How to Draft the Georgia Lease Agreement
Rental agreements should mention the name and address of the landlord and also include a description of the rental unit. The Rental agreements that are longer than a year should be written between the landlord and a tenant for the use of property in exchange for payment. Few of the terms typically addressed in rental agreements are:
- Length of rental agreement
- Rent and fees
- Security deposit
- Use and occupancy
- Landlord access
- Maintenance and repairs
The terms of each document should be pursuant to the laws in the State with Residential Title 44 > Chapter 7. Each party ought to review the contract and when it has been agreed upon, it must be signed with copies distributed to lessee and lessor.
Rental Application – Before authorizing a lease the potential tenant’s credentials must be verified by collecting their employment, credit, and any other related information.
Georgia Landlord Tenant Laws, set forth in Georgia Code Title 44, Chapter 7 administers the rental of residential property and the rights as well as responsibilities of property owners and tenants
Georgia Code 44-7-20 offers
- Flood Notice, of a rental property is prone to flooding.
- Security Deposit
- Responsibilities of landlord and tenant
- Termination of tenancy of service members
- Georgia Tenant Screening Background Checks
Benefits of Georgia Lease Agreement
The advantages of a written Georgia lease Agreement are certainty and precision. The lease states the rent for the lease term. Unless the language of this agreement explains otherwise, rent cannot be increased in the course of the lease term. This agreement also states the obligations of the tenant and landlord. If there are any differences between the tenant and the landlord, the lease represents what was agreed upon by the parties involved. However, when there is not a written lease, there are probability of emergence of misunderstandings between the tenant and landlord.
Types of Georgia Lease Agreement
The different types of this agreement are;
Commercial Lease Agreement – For any type of business related space including retail, office, industrial, and storage.
Lease with Option to Purchase (Lease to Own) – A typical fixed term contract which includes a provision to allow for the sale of the property.
Month to Month Lease Agreement – It is known as a ‘tenancy at will’ and the agreement has no end date but might be cancelled with a termination letter.
Room Rental (Roommate) Agreement – In order to come to terms with others that share the same living space within a residence.
Standard Residential Lease Agreement – Fixed term version for residential tenancies provided by the Department of Community Affairs (DCA).
Sublease Agreement – Amid the lessee and a sub-lessee for the use of property until the end of the lessee’s rental term or any other period as agreed by the parties. Usually the landlord’s consent is required.
Termination Lease Letter (§ 44-7-7) – It is known as a ‘tenancy at will’ in that the agreement has no end date but the landlord must provide at least 60 days’ notice to cancel and 30 days if the tenant decides to terminate.
Key Terms/Clause of Georgia Lease Agreement
The few basic requirements that is required to be included in every Georgia lease agreement are
- the names of the landlord
- the names of the tenant
- the address of the property
- the amount of rent
- when the rent is due
- who it should be paid to
- where it’s to be paid
- the amount and purpose of the security deposit
- the amount of any late fee
- whether pets are allowed
- who’s responsible for which utilities
- information about lead based paint on the property
The additional requirements that should be included in the Georgia lease agreement are;
In this agreement the location of the bank where the security deposit is being held and whether or not the property were flooded or has a propensity for flooding. This Agreement is in compliant with Georgia law and contains all the specific information required by the state of Georgia.
What Happens When You Violate Georgia Lease Agreement?
In Georgia, a landlord could evict a tenant for many reasons, which includes failure to pay rent or violation of a lease or rental agreement term. Before the eviction could take place, though, the landlord should give the tenant the opportunity to come into compliance with the lease or rental agreement. The landlord does this by means of giving the tenant notice. If the tenant doesn’t comply with the notice, then the landlord could terminate the tenancy and file an eviction lawsuit, also named a dispossessory proceeding.
Sample for Georgia Lease Agreement
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