RESIDENTIAL LEASE AGREEMENT

(State of Georgia)

[// GUIDANCE: This template is drafted for fee-simple residential property located in Georgia. Insert or delete bracketed text as needed. Verify all monetary amounts, dates, and county-specific requirements before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Lease of Premises & Term
4. Rent; Additional Charges
5. Security Deposit
6. Use, Occupancy & Conduct
7. Maintenance; Repairs; Habitability
8. Utilities & Services
9. Alterations & Improvements
10. Landlord Entry
11. Insurance Requirements
12. Assignment & Subletting
13. Pets & Assistance Animals
14. Representations & Warranties
15. Covenants & Restrictions
16. Defaults & Remedies
17. Risk Allocation
18. Dispute Resolution
19. General Provisions
20. Execution Block
21. Schedules & Exhibits

1. DOCUMENT HEADER

This Residential Lease Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [LANDLORD LEGAL NAME], a [STATE] [entity type], having a mailing address at [LANDLORD ADDRESS] (“Landlord”); and
• [TENANT LEGAL NAME(S)], having a present mailing address at [TENANT ADDRESS] (“Tenant,” collectively if more than one).

(Each, a “Party” and collectively, the “Parties.”)

Recitals

A. Landlord is the fee-simple owner of the residential real property commonly known as [STREET ADDRESS, CITY, COUNTY, GA ZIP] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the Premises to Tenant, upon the terms and subject to the conditions set forth herein, for lawful residential purposes and no other use.
C. The Parties intend this Agreement to create only the relationship of landlord and tenant and not any other relationship.

NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For ease of reference, capitalized terms used herein have the following meanings:

“Additional Rent” – all amounts (other than Base Rent) that Tenant is required to pay to Landlord under this Agreement.
“Base Rent” – the monthly rent amount set forth in Section 4.1.
“Business Day” – any day other than a Saturday, Sunday, or state or federal holiday.
“Lease Term” – the period defined in Section 3.1.
“Permitted Occupants” – Tenant and the individuals listed on Schedule A.
“Security Deposit” – the deposit described in Section 5.
“State” – the State of Georgia.
(Alphabetical order maintained; additional definitions may be inserted.)

3. LEASE OF PREMISES & TERM

3.1 Lease Term. Landlord hereby leases the Premises to Tenant for a term commencing at 12:01 a.m. on [COMMENCEMENT DATE] and expiring at 11:59 p.m. on [EXPIRATION DATE] (the “Lease Term”), unless earlier terminated pursuant to this Agreement.
[// GUIDANCE: For a month-to-month tenancy replace fixed dates with “beginning on [COMMENCEMENT DATE] and continuing on a month-to-month basis until terminated by either Party in accordance with Section 16.”]

3.2 Holdover. If Tenant lawfully remains in possession after the Lease Term without a written extension, tenancy shall convert to a tenancy-at-will under O.C.G.A. § 44-7-7, subject to thirty (30) days’ written notice from Tenant and sixty (60) days’ written notice from Landlord.

4. RENT; ADDITIONAL CHARGES

4.1 Base Rent. Tenant shall pay to Landlord, without offset or deduction, Base Rent of $[AMOUNT] per month, due on or before the [DUE DAY] of each calendar month at [PAYMENT ADDRESS] or as otherwise directed in writing by Landlord.

4.2 Late Charge. If any portion of Base Rent or Additional Rent remains unpaid after [GRACE PERIOD, e.g., “the 5th calendar day”], Tenant shall pay a late charge of [LATE CHARGE $ OR %].

4.3 Form of Payment. Rent shall be paid [specify method – check, ACH, online portal, etc.] and deemed received upon actual collection.

4.4 Returned Payments. Tenant shall pay a service fee of $[NSF FEE] for any returned or dishonored payment, plus applicable bank charges and late charges.

5. SECURITY DEPOSIT (Georgia Compliance)

5.1 Amount; Purpose. Upon execution, Tenant shall deposit $[DEPOSIT AMOUNT] (the “Security Deposit”) to secure Tenant’s performance hereunder.

5.2 Escrow or Surety Bond. Landlord shall either:
(a) place the Security Deposit in an escrow account at a state or federally chartered financial institution, or
(b) post and maintain a surety bond in accordance with O.C.G.A. §§ 44-7-32 & 44-7-33 (2023).

Landlord shall disclose the name and address of the escrow institution or surety company to Tenant in writing within thirty (30) days of receipt.

5.3 Move-In Inspection. Prior to occupancy, Landlord shall provide Tenant with a comprehensive list of existing damages to the Premises (the “Move-In Inspection List”) and afford Tenant the right to inspect the Premises and note additional damages. Tenant shall sign and return the list within three (3) Business Days of receipt. Failure to timely return the list shall be deemed acceptance of its accuracy.

5.4 Deductions; Move-Out Inspection. Within three (3) Business Days after possession is surrendered, Landlord shall inspect the Premises and compile a listing of any damages, excluding ordinary wear and tear, and estimated deductions. Landlord shall mail such listing and any balance of the Security Deposit to Tenant’s last known address within thirty (30) days after Tenant vacates, per O.C.G.A. § 44-7-34 (2023).

5.5 Cap on Landlord Liability. Except for willful misconduct or gross negligence, Landlord’s aggregate liability for any claim by Tenant shall not exceed the amount of the Security Deposit actually held by Landlord at the time the claim accrues. (See Section 17.2.)

[// GUIDANCE: Georgia law does not impose interest on residential security deposits. Adjust Section 5 as needed if local ordinances require interest.]

6. USE, OCCUPANCY & CONDUCT

6.1 Residential Use Only. The Premises shall be used solely as a private residence by Tenant and Permitted Occupants. No business, commercial, or illegal activity shall be conducted on or from the Premises.

6.2 Compliance With Laws. Tenant shall comply with all applicable federal, state, county, and municipal laws, ordinances, and regulations, including HOA rules if any.

6.3 Nuisance. Tenant shall not create or permit any nuisance, excessive noise, or obnoxious activity that disturbs neighbors’ peaceful enjoyment.

7. MAINTENANCE; REPAIRS; HABITABILITY

7.1 Landlord Obligations. Subject to Tenant’s obligations herein, Landlord shall keep the Premises in good repair and in compliance with the implied warranty of habitability imposed by O.C.G.A. § 44-7-13 (2023), including maintaining plumbing, HVAC, and structural components in a safe condition.

7.2 Tenant Obligations. Tenant shall:
(a) keep the Premises, including appliances and fixtures, in a clean and sanitary condition;
(b) promptly notify Landlord in writing of any condition requiring repair;
(c) be responsible for damage caused by Tenant, Permitted Occupants, guests, or pets (ordinary wear and tear excepted).

7.3 Prohibition on Self-Help. Tenant shall not withhold rent or undertake repairs for deduction without Landlord’s prior written consent, except as expressly permitted by law.

8. UTILITIES & SERVICES

8.1 Tenant-Paid Utilities. Tenant shall arrange and pay for [LIST UTILITIES] commencing on the Commencement Date.

8.2 Landlord-Provided Services. Landlord shall provide [e.g., water, trash] included in Base Rent unless otherwise required by governmental authority to be separately metered and billed.

9. ALTERATIONS & IMPROVEMENTS

Tenant shall not paint, alter, or install fixtures without Landlord’s prior written consent. All approved improvements shall become Landlord’s property upon installation unless Landlord elects otherwise.

10. LANDLORD ENTRY

Landlord and its agents may enter the Premises upon at least twenty-four (24) hours’ notice (or shorter notice in emergencies) to inspect, make repairs, show to prospective purchasers or tenants, or for other lawful purposes. Entry shall occur at reasonable times.

11. INSURANCE REQUIREMENTS

Tenant shall obtain and maintain throughout the Lease Term a renters’ liability insurance policy with limits of not less than $[AMOUNT] per occurrence, naming Landlord as an additional insured and providing a waiver of subrogation in Landlord’s favor. Tenant is solely responsible for insuring personal property.

12. ASSIGNMENT & SUBLETTING

Tenant shall not assign this Agreement or sublet all or any portion of the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion.

13. PETS & ASSISTANCE ANIMALS

13.1 Pets. No animals shall be kept on the Premises without Landlord’s written consent and execution of a Pet Addendum.

13.2 Assistance Animals. Nothing herein shall impede Tenant’s rights under the Fair Housing Act or Americans with Disabilities Act with respect to bona fide service or emotional-support animals.

14. REPRESENTATIONS & WARRANTIES

14.1 Mutual Representations. Each Party represents that it has full authority to enter into and perform this Agreement.

14.2 Landlord Warranties. Landlord warrants that it (a) is the lawful owner or authorized agent of the Premises, and (b) has not received official notice of any existing violation of building, housing, fire, or zoning codes that would materially interfere with residential occupancy.

14.3 Survival. Representations and warranties shall survive the expiration or earlier termination of this Agreement for twelve (12) months.

15. COVENANTS & RESTRICTIONS

15.1 Affirmative Covenants of Tenant. Tenant shall:
(i) pay Rent when due;
(ii) maintain required insurance;
(iii) keep Premises clean and safe;
(iv) test and maintain smoke/CO detectors;
(v) comply with the Move-In and Move-Out procedures in Section 5.

15.2 Negative Covenants of Tenant. Tenant shall not:
(i) commit waste or permit damage;
(ii) store flammable materials other than ordinary household items;
(iii) engage in criminal or drug-related activity;
(iv) change locks without Landlord’s prior written consent.

15.3 Notice & Cure. Except in emergencies, Landlord shall provide Tenant with written notice of any breach and a cure period of [DAYS] days before pursuing remedies under Section 16.

16. DEFAULTS & REMEDIES

16.1 Tenant Defaults. The following constitute an “Event of Default”:
(a) Failure to pay Rent or other charges within [x] days after written notice;
(b) Material breach of any covenant not cured within the applicable notice period;
(c) Abandonment of the Premises;
(d) Bankruptcy or insolvency of Tenant.

16.2 Remedies. Upon an Event of Default, Landlord may, subject to Georgia law:
(i) terminate this Agreement;
(ii) accelerate all Rent due for the balance of the Lease Term;
(iii) file a dispossessory proceeding in the county magistrate court after providing demand for possession as required by O.C.G.A. § 44-7-50;
(iv) recover reasonable attorney fees and court costs if awarded by the court;
(v) apply the Security Deposit toward damages.

16.3 Waiver of Statutory Notice. To the fullest extent permitted by law, Tenant waives any statutory notice period for non-payment of Rent; provided, however, that Landlord shall deliver at least [3] Business Days’ written demand for possession prior to filing suit.

[// GUIDANCE: Georgia permits waiver of the statutory demand for possession if “plainly and explicitly” set forth. If waiver is desired, bold the waiver language and increase font size in hard-copy execution.]

17. RISK ALLOCATION

17.1 Tenant Indemnification. Tenant shall indemnify, defend, and hold harmless Landlord and its affiliates from and against any and all claims, damages, liabilities, or expenses arising from Tenant’s use or occupancy of the Premises, except to the extent caused by Landlord’s gross negligence or willful misconduct.

17.2 Limitation of Liability. Except for (a) personal injury or property damage caused by Landlord’s gross negligence or willful misconduct, and (b) Landlord’s statutory obligations that may not be limited, Landlord’s total aggregate liability to Tenant shall not exceed the Security Deposit held by Landlord at the time of the claim.

17.3 Force Majeure. Neither Party shall be liable for failure to perform due to events beyond its reasonable control, including acts of God, governmental orders, or natural disasters (“Force Majeure”), provided that the affected Party gives prompt written notice and resumes performance as soon as practicable.

18. DISPUTE RESOLUTION

18.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict-of-laws principles.

18.2 Forum Selection. The Parties consent to exclusive jurisdiction of the state housing (magistrate) court or other court of competent jurisdiction in the county where the Premises is located.

18.3 Arbitration. The Parties expressly agree NOT to submit disputes to arbitration.

18.4 Jury Trial. Each Party retains its constitutional right to trial by jury; no provision of this Agreement shall be construed as a waiver thereof.

18.5 Injunctive Relief. Nothing herein limits Landlord’s right to seek injunctive or equitable relief, including but not limited to immediate eviction or restraining orders, where permitted by law.

19. GENERAL PROVISIONS

19.1 Notices. All notices shall be in writing and deemed given upon (a) personal delivery, (b) certified mail, return receipt requested, (c) nationally recognized overnight courier, or (d) electronic mail with confirmation of receipt, sent to the addresses set forth above (or as updated in writing).

19.2 Amendment; Waiver. No amendment or waiver shall be effective unless in a writing signed by both Parties. One waiver shall not constitute a continuing waiver.

19.3 Assignment by Landlord. Landlord may sell, assign, or transfer its interest without Tenant’s consent; provided the transferee assumes Landlord’s obligations hereunder.

19.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to achieve its original intent.

19.5 Integration. This Agreement (including schedules and exhibits) constitutes the entire agreement between the Parties and supersedes all prior negotiations and understandings.

19.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each deemed an original. Electronic signatures and delivery by PDF or other electronic means are binding.

20. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Residential Lease Agreement as of the Effective Date.

[OPTIONAL: Notary Acknowledgment]
State of Georgia, County of [COUNTY]
Subscribed and sworn before me on __ day of ____, 20__, by the above-named individual(s).

Notary Public, State of Georgia
My Commission Expires: _____

21. SCHEDULES & EXHIBITS

Schedule A – Permitted Occupants
Schedule B – Move-In Inspection List
Schedule C – Pet Addendum (if applicable)
Schedule D – Lead-Based Paint Disclosure (for dwellings built prior to 1978)
Schedule E – Rules & Regulations

[// GUIDANCE: Georgia and federal law require the Lead-Based Paint Disclosure for pre-1978 housing. Attach EPA form and pamphlet where applicable.]