Navigating Mid-Term Rentals in Georgia: Key Regulations and Lease Essentials for Landlords

Georgia's regulations for mid-term rentals, typically leases ranging from one to six months, have unique requirements that differ from other states. This guide outlines key regulations and provides actionable advice for landlords to ensure compliance and smooth management of rental agreements.

1. Security Deposit Limits

• Georgia Law: Georgia does not impose a cap on the amount of the security deposit. The amount should be reasonable and mutually agreed upon in the lease. Landlords must provide a written receipt for the deposit and return it within 30 days after the tenant vacates, minus any lawful deductions.
  
• Actionable Advice: Clearly state the amount of the security deposit in the lease agreement. Ensure that the return process and conditions for deductions are well-defined, including the 30-day timeframe for returning the deposit.
  

2. Security Deposit Return

• Georgia Law: The security deposit must be returned within 30 days after the tenant vacates the property. If deductions are made, landlords must provide a written list of these deductions.
  
• Actionable Advice: Include a provision in the lease detailing the timeline and process for returning the security deposit. Outline the procedure for handling deductions and ensure tenants receive an itemized list of any costs deducted from their deposit.
  

3. Notice for Rent Increases

• Georgia Law: Landlords must provide at least 30 days' notice before increasing rent in a month-to-month tenancy. This is a standard practice but may differ from states with longer notice periods for substantial rent increases.
  
• Actionable Advice: Specify the notice period for any rent increases in the lease. Ensure that tenants are informed in writing and that the notice period complies with the 30-day requirement.
  

4. Eviction Process

• Georgia Law: For non-payment of rent, landlords must issue a 3-day notice to pay or vacate before initiating eviction proceedings. For other lease violations, a 7-day notice is generally required.
  
• Actionable Advice: Include in the lease the procedure for handling non-payment and lease violations. Clearly outline the 3-day notice period for rent non-payment and the 7-day notice for other violations.
  

5. Right to Repair and Habitability

• Georgia Law: Landlords must maintain rental properties in a habitable condition. Tenants have the right to request repairs, and if the landlord fails to address issues, the tenant may repair and deduct the cost from the rent or seek other remedies.
  
• Actionable Advice: Incorporate a clause in the lease specifying both the landlord’s and tenant’s responsibilities for maintenance and repairs. Address procedures for repair requests and remedies if issues are not resolved.
  

6. Late Fees

• Georgia Law: While Georgia does not set a cap on late fees, they must be reasonable and clearly defined in the lease agreement. Generally, late fees should not exceed 5% of the monthly rent.
  
• Actionable Advice: Clearly outline the amount of late fees, the conditions under which they are charged, and any grace period in the lease. Ensure that fees are reasonable and compliant with local practices.
  

7. Tenant’s Right to Terminate Lease for Domestic Violence

• Georgia Law: Tenants who are victims of domestic violence can terminate their lease early without penalty, provided they give 30 days' notice and provide documentation such as a restraining order or police report.
  
• Actionable Advice: Include a clause in the lease detailing the process for early termination in cases of domestic violence. Specify the required documentation and notice period for tenants invoking this right.
  

8. Disclosure of Lead-Based Paint Hazards

• Georgia Law: Federal law requires disclosure of known lead-based paint hazards if the property was built before 1978. This is consistent across all states.
  
• Actionable Advice: Ensure the lease includes a lead-based paint disclosure form and an EPA-approved pamphlet if the property was built before 1978. This helps comply with federal regulations.
  

9. Landlord Access to Property

• Georgia Law: Georgia does not have specific statutory requirements for landlord access to the property for non-emergency reasons. This is typically covered in the lease agreement, with a common practice being 24 hours' notice.
  
• Actionable Advice: Specify in the lease the notice period for non-emergency access to the property. Typically, 24 hours' notice is advisable. Clearly outline acceptable reasons for landlord entry, such as inspections or repairs.
  

10. Rental Agreements and Lease Terms

• Georgia Law: Rental agreements must be in writing for leases longer than one year. For mid-term leases, a written agreement is advisable but not mandatory for leases shorter than a year.
  
• Actionable Advice: For leases of any length, having a written agreement is recommended to clearly define terms and avoid disputes. Ensure the lease covers all necessary terms, including duration and rent.
  

11. Use of Security Deposits

• Georgia Law: Security deposits must be held in an escrow account if collected. Landlords must provide a written statement of the account’s location and a written statement of any deductions made from the deposit.
  
• Actionable Advice: Include a provision in the lease about where the security deposit will be held and how it will be managed. Ensure transparency by providing tenants with statements of account and deductions.
  

12. Foreclosure and Tenant Rights

• Georgia Law: In case of foreclosure, tenants must be given 90 days' notice before they are required to vacate, provided they have a valid lease agreement.
  
• Actionable Advice: Address foreclosure situations in the lease by including a clause that explains tenant rights and notice periods in case of property foreclosure.
  

Summary
Georgia's regulations for mid-term rentals emphasize reasonable practices for security deposits, eviction processes, and habitability. The state requires clear communication and adherence to specific timelines for deposit returns, rent increases, and eviction notices. Including these state-specific provisions in your lease agreement will help ensure compliance and protect both landlord and tenant interests.
By incorporating these guidelines into your mid-term rental agreements, you will align with Georgia’s regulatory environment and create a clear, fair, and legally compliant rental process.