Georgia Residential Lease Agreement
Draft a Georgia residential lease agreement that complies with the Safe at Home Act's two-month deposit cap (O.C.G.A. § 44-7-30.1) and the security deposit and habitability rules of O.C.G.A. Title 44, Chapter 7.
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Legal Requirements in Georgia
Security deposits are capped at two months' rent for leases entered into or renewed on or after July 1, 2024, under the Safe at Home Act (O.C.G.A. § 44-7-30.1).
Deposits must be held in a separate Georgia escrow account or secured by a surety bond, and a move-in damage list must be provided before the tenant pays the deposit (O.C.G.A. §§ 44-7-31, 44-7-33).
The deposit must be returned within 30 days after the landlord regains possession, with a written statement of exact reasons for any amount retained (O.C.G.A. § 44-7-34).
Landlords owe a non-waivable duty to keep the premises fit for human habitation under O.C.G.A. § 44-7-13, as amended by the Safe at Home Act effective July 1, 2024.
Before filing a dispossessory (eviction) action for non-payment, the landlord must give a three-day written notice to pay or vacate (O.C.G.A. § 44-7-50, as amended 2024).
If living space has flooded at least three times in the past five years, the landlord must disclose the flooding propensity in writing before the lease (O.C.G.A. § 44-7-20).
Key Statutes & Regulations
- Security deposit cap, O.C.G.A. § 44-7-30.1 (Safe at Home Act, eff. July 1, 2024)
- Security deposit escrow and inspection lists, O.C.G.A. §§ 44-7-31, 44-7-33 (2024)
- Deposit return within 30 days, O.C.G.A. § 44-7-34 (2024)
- Duty to repair / habitability, O.C.G.A. § 44-7-13 (amended 2024)
- Flooding disclosure, O.C.G.A. § 44-7-20 (2024)
Common Pitfalls
- •Charging a deposit above two months' rent on a lease signed or renewed on or after July 1, 2024, violating O.C.G.A. § 44-7-30.1.
- •Skipping the required move-in damage list, which can bar the landlord from later withholding for that damage.
- •Using an old waiver-of-habitability clause that is now void under the amended O.C.G.A. § 44-7-13.
- •Filing for eviction without first serving the three-day pay-or-vacate notice required by the amended O.C.G.A. § 44-7-50.
Local Terminology
- Safe at Home Act
- Georgia's HB 404 (eff. July 1, 2024), which capped deposits at two months' rent, added a non-waivable habitability duty, and required a three-day pay-or-vacate notice.
- Dispossessory
- Georgia's statutory eviction process under O.C.G.A. § 44-7-50 et seq., begun by a demand for possession and a sworn affidavit filed in magistrate court.
- Move-in damage list
- The written list of existing damage a landlord must give the tenant before collecting a deposit under O.C.G.A. § 44-7-33.
How Georgia Differs
Georgia now caps deposits at two months' rent (O.C.G.A. § 44-7-30.1), a change effective July 1, 2024 that overrides older 'no cap' assumptions.
The 2024 Safe at Home Act added an express, non-waivable warranty of habitability to O.C.G.A. § 44-7-13.
A three-day pay-or-vacate notice is now required before a non-payment eviction (O.C.G.A. § 44-7-50).
Owners (natural persons) holding ten or fewer units without third-party management are exempt from the escrow and inspection-list requirements (O.C.G.A. § 44-7-36).
Frequently Asked Questions
Is there a security deposit cap in Georgia?
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Yes, as of July 1, 2024. The Safe at Home Act (O.C.G.A. § 44-7-30.1) caps residential security deposits at two months' rent for leases entered into or renewed on or after that date. Older guidance stating Georgia has no cap is outdated for current 2026 leases.
When must a Georgia landlord return the deposit?
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Within 30 days after regaining possession. Under O.C.G.A. § 44-7-34, the landlord must return the deposit and, if retaining any portion, provide a written statement of the exact reasons. A move-in and move-out inspection list under O.C.G.A. § 44-7-33 supports any damage deductions.
Does a Georgia landlord owe a duty of habitability?
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Yes. The Safe at Home Act amended O.C.G.A. § 44-7-13, effective July 1, 2024, to add an express, non-waivable duty to keep the premises fit for human habitation. Lease clauses purporting to waive this habitability warranty are now unenforceable in Georgia.
What notice is required before eviction in Georgia?
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For non-payment of rent, O.C.G.A. § 44-7-50, as amended in 2024, now requires a three-day written notice to pay or vacate before the landlord may file a dispossessory action. After filing, the tenant generally has seven days to answer the sworn dispossessory affidavit in magistrate court.
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