make your free georgia lease agreement

georgia

residential lease agreement

this lease agreement (the "agreement") is made and entered on (the "effective date") by and between (the "landlord") and the following tenants:

(the "tenant")

subject to the terms and conditions stated below the parties agree as follows:

. property. landlord, in consideration of the lease payments provided in this lease, leases to tenant the following: (the "premises") located at , , georgia . no other portion of the building (hereinafter, the building), wherein the premises is located is included unless expressly provided for in this agreement.

. term. the lease term will begin on ("commencement date") and will terminate on , and thereafter shall be month-to-month on the same terms and conditions as stated herein, save any changes made pursuant to law, until terminated.and shall continue as a month-to-month tenancy. tenant may terminate the tenancy by giving landlord written notice of at least 30 days prior to the desired termination date. landlord may terminate the tenancy by giving written notice as provided by law.

tenant shall vacate the premises upon termination of the agreement, unless: (i) landlord and tenant have extended this agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) landlord accepts rent from tenant (other than past due rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified aboveby tenant giving landlord written notice of at least 30 days prior to the desired termination date, or by landlord giving tenant written notice as provided by law. rent shall be at a rate agreed to by landlord and tenant, or as allowed by law. all other terms and conditions of this agreement shall remain in full force and effect.

. management. the tenant is hereby notified that is the property manager in charge of the property. should the tenant have any issues or concerns the tenant may contact at , ,  , , . is the property manager in charge of the property. should the tenant have any issues or concerns the tenant may contact at , ,  , , . is the property manager in charge of the property. should the tenant have any issues or concerns the tenant may contact at , ,  , , . is the property manager in charge of the property. should the tenant have any issues or concerns the tenant may contact at , ,  , , .

. rent. "rent" shall mean all monetary obligations of tenant to landlord under the terms of this agreement, except the security deposit.

(a) tenant shall pay to landlord lease payments of , payable in advance on the day of each calendar month, and is delinquent on the next day. lease payments of , payable in advance on the day of each , and is delinquent on the next day. lease payments shall be made to landlord at the address of landlord noted in the notices provision of this lease which may be changed from time to time by landlord.

(b) rent shall be paid by the following method(s):

if any payment is returned for non-sufficient funds or because tenant stops payments, then, after that, (i) landlord may, in writing, require tenant to pay rent in cash for three months and (ii) all future rent shall be paid bycashier's check or money order.

. security deposit. at the time of the signing of this lease, tenant shall pay to landlord, in trust, a security deposit of to be held and disbursed for tenant damages to the premises or other defaults under this agreement (if any) as provided by law.

the balance of the security deposit must be returned to tenant within thirty (30) days after the termination of this agreement or the surrender of premises by tenant, along with an itemization of any amounts being withheld, so long as the full term of the lease has expired; tenant has given the required written notice to vacate; no damage has been done to the premises or its contents, except for normal wear and tear; the premises are clean and free of dirt, trash and debris; all rent, additional rent, fees and charges have been paid in full, and all keys, access cards, gate openers and garage openers, if any, have been returned to landlord.

the security deposit will be held in account no. at: , , ,  .

. move-in inspection. prior to tenant tendering the security deposit, landlord will provide tenant with an "inspection checklist" attached hereto itemizing any existing damages to property. prior to taking occupancy, tenant will be given the right to inspect the property to ascertain the accuracy of the checklist. both landlord and tenant must sign the checklist. tenant will be entitled to retain a copy of the checklist.

. non-sufficient funds. tenant shall be charged as reimbursement of the expenses incurred by landlord for each check that is returned to landlord for lack of sufficient funds. in addition, a check returned due to insufficient funds will be subject to any and all late payments provisions included in this lease. all charges will be immediately due from tenant and failure to make immediate payment will constitute a default under the terms of this lease.

landlord reserves the right to demand future payments by cashier's check, money order or certified funds on all future payments in the event of a check returned for insufficient funds. nothing in this paragraph limits other remedies available to the landlord as a payee of a dishonored check. landlord and tenant agree that three returned checks in any twelve month period constitutes frequent return of checks due to insufficient funds and may be considered a just cause for eviction.

. failure to pay. tenant is hereby notified that a negative credit report reflecting on tenant's credit history may be submitted to a credit reporting agency if tenant fails to fulfill the terms of their credit obligations, such as their financial obligations under the terms of this agreement.

. occupants. no more than person(s) may reside on the premises unless the prior written consent of the landlord is obtained.

this lease and occupancy of the premises is binding, individually and severally, on each person(s) specifically named and who signs this lease, regardless of the named person's occupancy of the premises.

authorized tenants/occupants:

tenant may have guests on the property for not over consecutive days or days in a calendar year, and no more than two guests per bedroom at any one time. persons staying more than consecutive days or more than days in any calendar year will not be considered original occupants of the property. tenant must obtain the prior written approval of landlord if an invitee of tenant will be present at the property for more than consecutive days or days in a calendar year.

. possession. tenant will be entitled to possession of the property on the first day of the term of this agreement, and will yield possession to landlord on the last day of the term of this agreement, unless otherwise agreed by both parties in writing. at the expiration of the term, tenant will remove its goods and effects and peaceably yield up the property to landlord in as good a condition as when delivered to tenant, ordinary wear and tear excepted.

. use of property/absences. tenant will occupy and use the property as a full-time residential dwelling unit. tenant will notify landlord of any anticipated extended absence from the property not later than the first day of the extended absence.

no retail, commercial or professional use of the property is allowed unless the tenant receives prior written consent of the landlord and such use conforms to applicable zoning laws. in such case, landlord may require tenant to obtain liability insurance for the benefit of landlord. landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.

the failure to abide by the provisions of this section will constitute a material breach of this agreement and is a just cause for eviction.

. furnishings. the following furnishings or appliances will be provided by landlord:

tenant will return all such items at the end of the term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted.

. damages. any damages to the following items of property located in or on the premises will result in a charge to the tenant as indicated herein:

. keys. tenant will be given key(s) to the premises and mailbox key(s). if all keys are not returned to landlord following termination of the lease, tenant shall be charged . tenant is not permitted to change any lock or place additional locking devices on any door or window of the premises without landlord's approval prior to installation. if allowed, tenant must provide landlord with keys to any changed lock immediately upon installation.

. lockout. if tenant becomes locked out of the premises, tenant will be charged to regain entry.

. roof/fire escapes. use of the roof and/or the fire escapes by tenants and/or guests is limited to emergency use only. no other use is permitted, including but not limited to, the placement of personal property.

. pets. no pets, dogs, cats, birds, fish or other animals shall be allowed on the premises, even temporarily or with a visiting guest. as required by law, service animal(s) are the only exception to this rule. no pets, dogs, cats, birds, fish or other animals shall be allowed on the premises, even temporarily or with a visiting guest, without prior written consent of landlord. as required by law, service animal(s) are the only exception to this rule. if a pet has been in a tenant's apartment or allowed into the building, even temporarily (with or without landlord's permission) tenant may be charged for cleaning, de-fleaing, deodorizing or shampooing any portion of the building or premises at the discretion of landlord.  tenant is permitted to have pets, subject to the following limitations:

strays shall not be kept or fed in or about the premises. strays can be dangerous and landlord must be notified immediately of any strays in or about the premises.

. smoking. smoking is permitted inside the leased premise and throughout the property. the tenant will be liable for any damages caused to the premises or property due to tenant or tenant's visitors or guests smoking in the premises or property. smoking is permitted inside the leased premises. smoking is authorized only in designated smoking areas specifically identified throughout the property, including:smoking is not permitted inside the leased premises. smoking is authorized only in designated smoking areas specifically identified throughout the property, including: smoking is prohibited in any area in or on the premises and on the property, both private and common, whether enclosed or outdoors. this policy applies to all owners, tenants, guests, employees, and servicepersons. the tenant will be liable for any damages caused to the premises or property due to tenant or tenant's visitors or guests smoking in the premises or property. any violation of this policy will be seen as a breach of this contract and landlord will be entitled to all remedies allowable by law including eviction.

. maintenance. landlord shall have the responsibility to maintain the premises in reasonably good repair at all times and perform all repairs reasonably necessary to satisfy any implied warranty of habitability except that tenant will be responsible for: .

except in an emergency, all maintenance and repair requests must be made in writing and delivered to landlord or its agent. a repair request will be deemed permission for the landlord or its agent to enter the premises to perform such maintenance or repairs in accordance with access by landlord to premises herein unless otherwise specifically requested, in writing, by tenant. tenant may not place any unreasonable restrictions upon landlords or landlord's agents access or entry. landlord shall have expectation that the premises is in a safe and habitable condition upon entry.

. utilities and services. landlord shall be responsible for all utilities and services incurred in connection with the premises.tenant shall be responsible for all utilities and services incurred in connection with the premises.landlord shall be responsible for the following utilities and services in connection with the premises:

. taxes. taxes attributable to the premises or the use of the premises shall be allocated as follows:

real estate taxes. landlord shall pay all real estate taxes and assessments for the premises.tenant shall pay all real estate taxes and assessments which are assessed against the premises during the term of this lease.

personal property taxes. landlord tenant shall pay all personal property taxes and any other charges which may be levied against the premises which are attributable to tenant's use of the premises, along with all sales and/or use taxes (if any) that may be due in connection with lease payments.

. property insurance. landlord and tenant shall each be responsible to maintain appropriate insurance for their respective interests in the premises and property located on the premises.tenant shall maintain casualty insurance on the premises in an amount equal to . % of the full replacement value. landlord shall be named as an insured in such policies. tenant shall deliver appropriate evidence to landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to landlord. landlord shall have the right to require that the landlord receive notice of any termination of such insurance policies. tenant shall also maintain any other insurance which landlord may reasonably require for the protection of landlord's interest in the premises. tenant is responsible for maintaining casualty insurance on its own property.

. default. if landlord determines that tenant is in default of this agreement, including but not limited to the failure to pay rent when due, as authorized under o.c.g.a. § 44-7-50, landlord may immediately demand possession of the property. in such event, landlord will provide tenant with at least one (1) day written notice to vacate. landlord may provide such notice by serving it personally on tenant, or by leaving the same at the principal building on the property, or by posting the same conspicuously on the leased property. in addition, all unpaid rents payable during the remainder of this agreement or any renewal period shall be accelerated without notice or demand. tenant will remain fully liable to the landlord for (a) any lost rent and any other financial obligation under this agreement; (b) landlord's cost of reletting the property including but not limited to leasing fees, utility charges, and any other fees necessary to relet the property; (c) repairs to the property for tenant's use that are beyond normal wear and tear; (d) all of landlord's costs associated with evicting tenant, including but not limited to court costs, costs of service, prejudgment interest, and reasonable attorney's fees; (e) all of landlord's costs associated with collecting amounts due under this agreement, including but not limited to debt collection fees, late charges, and returned check charges; (f) and any other recovery to which landlord is entitled by law or in equity. landlord is obligated to make all reasonable efforts to mitigate any damage or loss resulting from tenant's breach by attempting to relet the property to acceptable tenants and thereby reducing tenant's liability.

. termination upon sale of property. notwithstanding any other provision of this agreement, landlord may terminate this agreement upon days' written notice to tenant that the property has been sold.

. early termination. tenant may, upon days' written notice to landlord, terminate this agreement provided that the tenant pays a termination fee equal to or the maximum allowable by law, whichever is less. termination will be effective as of the last day of the calendar month following the end of the day notice period. the termination fee is in addition to all rent due up until the termination day.

. holdover. if tenant maintains possession of the premises for any period after the termination of this lease ("holdover period"), tenant shall pay to landlord lease payment(s) during the holdover period at a rate equal to % of the most recent rate preceding the holdover period. such holdover shall constitute a month-to-month extension of this lease.

. military termination. in the event, the tenant is, or hereafter becomes, a member of the united states armed forces on extended active duty and hereafter the tenant receives permanent change of station orders to depart from the area where the property is located, or is relieved from active duty, retires or separates from the military, or is ordered into military housing, then in any of these events, the tenant may terminate this lease upon giving thirty (30) days written notice to the landlord. the tenant will also provide to the landlord a copy of the official orders or a letter signed by the tenant's commanding officer, reflecting the change, which warrants termination under this provision. the tenant will pay prorated rent for any days (he/she) occupy the dwelling past the first day of the month. any security deposit will be promptly returned to the tenant, provided there are no damages to the property.

. destruction or condemnation of property. if the premises are partially destroyed by fire or other casualty to an extent that prevents the conducting of tenant's use of the premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destruction, and if the cost of repair is less than , landlord shall repair the premises and a just proportion of the lease payments shall abate during the period of the repair according to the extent to which the premises have been rendered untenantable. however, if the damage is not repairable within sixty days, or if the cost of repair is or more, or if landlord is prevented from repairing the damage by forces beyond landlord's control, or if the property is condemned, this lease shall terminate upon twenty days' written notice of such event or condition by either party and any unearned rent paid in advance by tenant shall be apportioned and refunded to it. tenant shall give landlord immediate notice of any damage to the premises.

. alterations and improvements. tenant shall be allowed to conduct construction or remodeling (at tenant's expense) only with the prior written consent of the landlord which shall not be unreasonably withheld. at the end of the lease term, tenant shall be entitled to remove (or at the request of landlord shall remove) any such fixtures, and shall restore the premises to substantially the same condition that existed at the commencement of this lease.

. hazardous materials. tenant shall not keep or have on the premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of landlord is obtained and proof of adequate insurance protection is provided by tenant to landlord.

. smoke detectors. tenant acknowledges that property is equipped with a smoke detector(s) that is in good working order and repair. tenant agrees to be solely responsible to check the smoke detector every thirty (30) days and notify landlord immediately if the smoke detector is not functioning properly.

. notice of propensity of flooding. in accordance with o.c.g.a. § 44-7-20, landlord hereby notifies tenant as follow: some portion or all of the living space or attachment thereto on the property has been flooded at least three times within the last five (5) years immediately preceding the execution of this agreement. flooding is defined as the inundation of a portion of the living space caused by an increased water level in an established water source such as a river, stream, or drainage ditch, or as a ponding of water at or near the point where heavy or excessive rain fell.

. neighborhood conditions. tenant acknowledges that in every neighborhood there are conditions which different tenants may find objectionable. it will be tenant's duty to become acquainted with any present or future neighborhood conditions which could affect the property including without limitation land-fills, quarries, high-voltage power lines, cemeteries, airports, stadiums, odor producing factories, crime, schools serving the property, political jurisdictional maps and land use and transportation maps and plan. if tenant is concerned about the possibility of a registered sex offender residing in a neighborhood in which tenant is interested, tenant should review the georgia violent sex offender registry available on the georgia bureau of investigation website at www.gbi.georgia.gov.

. lead disclosure. many homes and apartments built before 1978 have paint that contains lead (called lead-based paint). lead from paint chips and dust can pose serious health hazards if not taken care of properly. federal law requires that tenants and lessees receive certain information before renting pre-1978 housing. by signing this agreement, tenant represents and agrees that landlord has provided tenant with such information, including, but not limited to, the epa booklet entitled protect your family from lead in your home.

. damage to property. if the property is damaged or destroyed as to render it uninhabitable, then either landlord or tenant will have the right to terminate this agreement as of the date on which such damage occurs, through written notice to the other party to be given within 20 days of occurrence of such damage. however, if such damage should occur as the result of the conduct or negligence of tenants or tenants' guests or invitees, landlord will have the right to termination and tenants will be responsible for all losses, including, but not limited to, damage and repair costs as well as loss of rental income.

. landlord access to property. subject to tenant's consent (which shall not be unreasonably withheld), landlord shall have the right to enter the premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. landlord will provide reasonable notice of its intention to enter the premises. if tenant has, after written notice to cease, continued to deny landlord access to the unit, as required by state law, such failure is a substantial breach of this agreement and is a just cause for eviction. however, landlord does not assume any liability for the care or supervision of the premises. as provided by law, in the case of an emergency, landlord may enter the premises without tenant's consent. during the last three months of this lease, or any extension of this lease, landlord shall be allowed to display the usual "to let" signs and show the premises to prospective tenants.

. indemnity regarding use of property. to the extent permitted by law, tenant agrees to indemnify, hold harmless, and defend landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which landlord may suffer or incur in connection with tenant's possession, use or misuse of the property, except landlord's act or negligence. tenant hereby expressly releases landlord and/or agent from any and all liability for loss or damage to tenants property or effects whether on the property, garage, storerooms or any other location in or about the property, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of landlord, landlords employees, heirs, successors, assignees and/or agents.

. accommodation. landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities. to ensure compliance, landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. it is the applicant or tenants responsibility to make landlord aware of any required accommodation. in writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. if after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, landlord will make the accommodation. landlord reserves the right to require appropriate medical verification of the disability.

. compliance with regulations. tenant will promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. however, tenant will not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.

. mechanics liens. neither tenant nor anyone claiming through the tenant will have the right to file mechanics liens or any other kind of lien on the property and the filing of this agreement constitutes notice that such liens are invalid. further, tenant agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the property free of all liens resulting from construction done by or for the tenant.

. subordination of lease. this agreement is subordinate to any mortgage that now exists, or may be given later by landlord, with respect to the property.

. assignment and subletting. tenant may not assign or sublease any interest in the property, nor assign, mortgage or pledge this agreement, without the prior written consent of landlord, which will not be unreasonably withheld. tenant may not assign or sublease any interest in the property, nor assign, mortgage or pledge this agreement. this is a blanket prohibition, meaning no replacement tenant(s) will be permitted and no additional tenant or occupant will be allowed on the property even if a tenant leaves the property. this prohibition applies to each and every term of this agreement in regard to space leased to tenant. any waiver of this prohibition must be secured from the landlord in writing. in the event the prohibition is invalidated or lifted, tenant, landlord and any subtenant or assignee agrees to be bound by each and every provision contained in this agreement.

. additional provisions; disclosures.

. notice. notices under this lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. such addresses may be changed from time to time by either party by providing notice as set forth below. notices mailed in accordance with these provisions shall be deemed received on the third day after posting.

landlord:

,   

tenant:

, , georgia

landlord and tenant will each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. in the event of a change in any of the names and addresses above, landlord will advise each tenant of the change within thirty (30) days after the change either in writing or by posting a notice of the change in a conspicuous place. as required under o.c.g.a. § 44-7-3 for disclosure, the landlord designated above is either the owner of record of the property or a person authorized to act for and on behalf of the owner for the purposes of serving of process and receiving and receipting for demands and notice and is the person authorized to manage the property.

. attorney's fees. as provided under o.c.g.a. § 44-7-2(c), in the event any dispute arises between landlord and tenant that results in litigation concerning a breach of this agreement, the losing party shall pay the prevailing party's reasonable attorney fees and costs, which shall be determined by the court and made a part of any judgment.

. dispute resolution. the parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations amongst the parties. if the matter is not resolved by negotiation, the parties will resolve the dispute using the below alternative dispute resolution (adr) procedure.

. governing law. this agreement will be governed, construed and interpreted by, through and under the laws of the state of georgia.

. waiver and severability. the failure of either party to enforce any provisions of this agreement will not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement. if any provision of this agreement or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent permitted by law.

. time of essence. time is of the essence with respect to the execution of this lease agreement.

. estoppel certificate. tenant will execute and return a tenant estoppel certificate delivered to tenant by landlord or landlord's agent within three (3) days after its receipt. failure to comply with this requirement will be deemed tenant's acknowledgment that the estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.

. entire agreement. this document constitutes the entire agreement between the tenant and landlord. this agreement cannot be modified except in writing and must be signed by all parties. neither landlord nor tenant have made any promises or representations, other than those set forth in this agreement and those implied by law. the failure of tenant or its guests or invitees to comply with any term of this agreement is grounds for termination of the tenancy, with appropriate notice to tenants and procedures as required by law.

. application. tenant represents and warrants that all statements in tenants rental application are accurate. any misrepresentations will be considered a material breach of this agreement and may subject tenant to eviction. tenant authorizes landlord and any broker to obtain tenants credit report periodically during the tenancy in connection with the modification or enforcement of this lease. landlord reserves the right to terminate this agreement (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in tenants application is false.

. binding effect. the provisions of this agreement will be binding upon and inure to the benefit of parties and their respective legal representatives, successors and assigns.

georgia lease agreement

inspection checklist

tenant has inspected the premises and states that the premises are in satisfactory condition, free of defects, except as noted below:

_______________________________

date

tenant:

____________________________________________________

acknowledged by landlord:

____________________________________________________

,

georgia lease agreement

disclosure of information on lead-based paint

or lead-based paint hazards

lead warning statement

housing built before 1978 may contain lead-based paint. lead from paint, paint chips and dust can pose health hazards if not managed properly. lead exposure is especially harmful to young children and pregnant women. before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. tenants must also receive a federally approved pamphlet on poisoning prevention.

landlord's disclosure

(a) presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):

(b) records and reports available to the landlord (check (i) or (ii) below):

tenant's acknowledgment (initial)

(c) _____ tenant has received copies of all information listed above.

(d) _____ tenant has received the pamphlet protect your family from lead in your home.

agent's acknowledgment (initial)

* the term agent is defined as any party who enters into a contract with the landlord, including anyone who enters into a contract with a representative of the landlord for the purpose of leasing housing.

(e) _____ agent has informed the landlord of the landlord's obligations under 42 u.s.c. 4852(d) and is aware of his/her responsibility to ensure compliance.

certification of accuracy

the following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

georgia lease agreement checklist

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___sign this document. this document needs to be signed by all landlords and all tenants. the agreement can be signed online. it becomes effective as of the date specified in the agreement.

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important details

in addition to a local attorney, there are several sources of information that may be available to provide you with additional information about the landlord/tenant laws of your state and city. many cities have housing authorities or other governmental divisions that provide useful information. also, some civil rights groups have information available related to housing needs and laws. also, consider low-income housing groups and legal services organizations. often, these groups have a broad range of experience with landlord/tenant issues and can provide both advice and information at minimal or no cost.