Georgia Residential Lease Agreement

GEORGIA RESIDENTIAL LEASE AGREEMENT

This Georgia Residential Lease Agreement (“Agreement”) is entered into as of the Agreement date stated in the Data Schedule, by and between the Landlord and Tenant(s) identified in the Data Schedule. The dwelling leased under this Agreement is located in the county and at the Premises address stated in the Data Schedule (“Premises”). Landlord leases the Premises to Tenant, and Tenant leases the Premises from Landlord, on the terms stated in this Agreement.

1. Term. This Agreement begins on the Commencement Date stated in the Data Schedule, under the term elected in the Data Schedule. If a fixed term is elected, this Agreement ends at 11:59 p.m. on the Termination Date stated in the Data Schedule unless extended in a signed writing or unless a month-to-month tenancy is created by Landlord's acceptance of new Rent after the Termination Date. If a month-to-month tenancy is elected, this Agreement continues from month to month until terminated by either party using the notice required by Georgia law and this Agreement. If Landlord desires to terminate a month-to-month tenancy or other tenancy at will, Landlord must give Tenant at least sixty (60) days' written notice before the termination date. If Tenant desires to terminate a month-to-month tenancy or other tenancy at will, Tenant must give Landlord at least thirty (30) days' written notice before the termination date. If neither option is elected in the Data Schedule, the tenancy is a tenancy at will terminable under this § 1.

2. Rent. Under this Agreement, Rent means all monetary obligations owed to Landlord by Tenant, except that the Security Deposit is not Rent. Tenant shall pay the Monthly Rent stated in the Data Schedule, in advance, on or before the Rent due date stated in the Data Schedule, to the payee at the payment address and under the payment instructions stated in the Data Schedule. If the Commencement Date is not the first day of a calendar month, Rent for the first partial month will be prorated on a 30-day month unless another method is stated in the Data Schedule; prorated first-month Rent due at signing or move-in is stated in the Data Schedule.

Acceptable payment methods (check all that apply):

 Personal check       Money order       Cashier's check

 Electronic payment by:     Other:

If any payment by Tenant is returned for insufficient funds or if Tenant stops payment, Tenant shall pay Landlord a returned-payment charge equal to $30.00 or 5% of the amount of the payment, whichever is greater, plus any fee Landlord's bank charges Landlord because the payment was not honored, and Landlord may require in writing that future Rent payments be remitted by certified funds, money order, cashier's check, or another lawful payment method specified by Landlord.

3. Security Deposit. Upon execution of this Agreement, Tenant shall deposit with Landlord, as a security deposit, the Security Deposit stated in the Data Schedule. The total Security Deposit and any other refundable deposit required as security for Tenant's obligations under this residential tenancy may not exceed two (2) months' Rent under O.C.G.A. Section 44-7-30.1. Subject to Georgia law, Landlord may apply the Security Deposit to unpaid Rent, late fees, utilities, other charges owed under this Agreement, damage beyond ordinary wear and tear, and other lawful deductions. Within thirty (30) days after termination of the tenancy and Tenant's surrender of the Premises, Landlord shall return the remaining Security Deposit, if any, together with any required written itemization of deductions, in accordance with O.C.G.A. Section 44-7-34.

Security Deposit holding method (check one if a Security Deposit is collected):

 Landlord is exempt from O.C.G.A. Sections 44-7-31 through 44-7-33 because Landlord is a natural person, or the estate of a natural person, owning ten (10) or fewer rental units and the units are managed by Landlord or by individuals who do not manage units for other owners.

 Escrow account. Tenant's Security Deposit is held in an escrow account used only for security deposits at the following state- or federally-regulated depository:

 Bond. Landlord has posted a surety bond with the clerk of the superior court of the county in which the Premises are located, in accordance with O.C.G.A. Section 44-7-32.

4. Use of Premises. The Premises shall be used and occupied exclusively as a private single-family dwelling by Tenant and the following approved occupants:

Approved occupant name(s):

Tenant shall not allow any person other than the named Tenant(s), approved occupants, listed immediate family, transient guests, and any person permitted by applicable fair-housing law or other applicable law to occupy or use the Premises without first obtaining Landlord's written consent.

5. Condition of Premises. If Landlord is subject to O.C.G.A. Section 44-7-33 and is not exempt under O.C.G.A. Section 44-7-36, Landlord shall provide Tenant, before accepting the Security Deposit, a comprehensive written list of existing damage to the Premises (the "inspection list"), attached as the inspection exhibit. Tenant may inspect the Premises and shall sign the inspection list to acknowledge its accuracy or, if Tenant disagrees, shall state in writing the items of dissent and sign that statement. At move-out, Landlord shall inspect the Premises and prepare any required list of damages and estimated charges within the time required by O.C.G.A. Section 44-7-33.

Tenant acknowledges receipt of possession of the Premises in its visible condition as of move-in, subject to the inspection list, any written exceptions stated by Tenant, latent defects, and Landlord's nonwaivable duties under Georgia law, including the duty to maintain residential premises in a condition fit for human habitation. Nothing in this section waives Landlord's duties under O.C.G.A. Sections 44-7-13 and 44-7-14.

Landlord may attach a different or more comprehensive inspection list, which, when attached and labeled the inspection exhibit, constitutes the inspection list under this Agreement.

6. Assignment and Subletting. Tenant shall not assign this Agreement, sublet the Premises, or grant any license to use the Premises without Landlord's prior written consent. Any assignment, sublease, or license without Landlord's prior written consent is a material default and is voidable by Landlord to the fullest extent permitted by law. Landlord may pursue the remedies available under this Agreement and Georgia law.

7. Alterations and Improvements. Tenant shall make no alterations to the buildings or improvements on the Premises, construct any building, or make any other improvements on the Premises without Landlord's prior written consent. Unless otherwise agreed in writing, alterations and improvements made by Tenant become Landlord's property and remain on the Premises at the end of the tenancy.

8. Non-Delivery of Possession. If Landlord cannot deliver possession of the Premises to Tenant on the Commencement Date through no fault of Landlord or Landlord's agents, Rent will abate until possession is delivered. If possession cannot be delivered within thirty (30) days after the Commencement Date through no fault of Landlord or Landlord's agents, either party may terminate this Agreement by written notice, and Landlord will refund any prepaid Rent and Security Deposit not otherwise lawfully due.

9. Hazardous Materials. Tenant shall not keep on the Premises any dangerous, flammable, explosive, hazardous, or extra-hazardous item that might unreasonably increase the danger of fire, explosion, or other casualty on the Premises.

10. Utilities. Tenant is responsible for arranging and paying for the following utilities and services:

Tenant utilities/services:   Landlord utilities/services, if any:

Tenant must keep all required utility service active during the tenancy unless interruption is caused by the utility provider or by Landlord's responsibility under this Agreement or applicable law.

11. Habitability; Landlord Repairs; Maintenance and Rules. Landlord shall keep the Premises in repair and fit for human habitation as required by O.C.G.A. Section 44-7-13, and nothing in this Agreement waives Landlord's duties under O.C.G.A. Sections 44-7-13 and 44-7-14. Subject to the foregoing, Tenant will keep the Premises clean and sanitary and will be responsible for damage, stoppages, or repair costs caused by Tenant, Tenant's occupants, guests, invitees, pets, or agents, ordinary wear and tear excepted. Tenant must promptly notify Landlord in writing of any condition requiring repair.

Tenant must: (a) not obstruct driveways, sidewalks, courts, entryways, stairs, halls, or other common access areas; (b) keep windows, glass, window coverings, doors, locks, and hardware clean and in good condition, except for repairs that are Landlord's responsibility; (c) use plumbing fixtures only for their intended purposes and pay for damage or stoppages caused by misuse; (d) ensure that Tenant, occupants, guests, invitees, and pets do not disturb other residents; and (e) if the Premises are subject to condominium or homeowners' association rules, comply with current rules affecting the Premises or appurtenant common areas, a copy of which Landlord shall provide to Tenant.

12. Insurance. Renter's insurance (check one):

 Tenant is required to maintain renter's insurance with personal property and liability coverage in the minimum amount of $ and to provide proof of coverage upon Landlord's request.

 Tenant is advised, but not required, to maintain renter's insurance to protect Tenant's personal property and liability exposure.

Landlord, Landlord's agent or manager, and any condominium or homeowners' association are not responsible for insuring Tenant's personal property or vehicles against loss or damage except to the extent required by applicable law.

13. Damage to Premises. If the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by Tenant, this Agreement terminates from that time except for rights that have already accrued. If a portion of the Premises is rendered uninhabitable by casualty not caused by Tenant, Landlord may repair the damaged portion or terminate this Agreement as permitted by law. Rent will abate in proportion to the portion of the Premises that is uninhabitable until the Premises are restored or this Agreement is terminated. Nothing in this section limits Landlord's duties under O.C.G.A. Section 44-7-13.

14. Inspection of Premises. Landlord and Landlord's agents may enter the Premises at reasonable times and, except in an emergency, after reasonable prior notice to Tenant, to inspect, make repairs, additions, or alterations, supply agreed services, show the Premises, or enforce this Agreement. No advance notice is required in an emergency, when Tenant has abandoned or surrendered the Premises, or when entry is otherwise permitted by law.

15. Subordination of Lease. This Agreement and Tenant's interest under it are subordinate to mortgages, liens, encumbrances, advances, renewals, extensions, and modifications now or later placed on the Premises by Landlord, to the extent permitted by law.

16. Tenant's Holdover. If Tenant remains in possession of the Premises with Landlord's consent after expiration of this Agreement, a month-to-month tenancy will be created on the same terms except that the monthly rent will be the holdover monthly rent stated in the Data Schedule, if one is stated there.

A holdover month-to-month tenancy or tenancy at will may be terminated by Landlord with at least sixty (60) days' written notice and by Tenant with at least thirty (30) days' written notice, unless a longer notice period is required by this Agreement or applicable law.

17. Surrender of Premises. At the expiration or earlier termination of this Agreement, Tenant shall surrender the Premises in as good a condition as at the commencement of this Agreement, ordinary wear and tear and casualty not caused by Tenant excepted.

18. Pets and Assistance Animals. Pets are permitted only as stated below. Assistance animals, service animals, and other animals that must be permitted as a reasonable accommodation under applicable fair-housing or disability law are not pets and are not subject to pet rent, pet fees, or pet deposits, although Tenant remains responsible for damage caused by such animals to the extent permitted by law.

Any refundable pet deposit or other refundable deposit required as security for Tenant's obligations will be included in the total deposit amount subject to the two-month-rent cap required by O.C.G.A. Section 44-7-30.1. Any nonrefundable pet fee must be clearly identified as nonrefundable and must not be used to evade the statutory security-deposit cap.

19. Quiet Enjoyment. Tenant, upon payment of all sums due and performance of Tenant's obligations under this Agreement, may peacefully and quietly have, hold, and enjoy the Premises for the term of this Agreement, subject to this Agreement and applicable law.

20. Indemnification. To the fullest extent permitted by law, Tenant will indemnify and hold Landlord harmless from claims, damages, losses, costs, and reasonable attorney's fees arising from the negligent, willful, or wrongful acts or omissions of Tenant, Tenant's occupants, guests, invitees, pets, or agents, or from Tenant's breach of this Agreement. This section does not release Landlord from liability for Landlord's own negligence, willful misconduct, violation of law, or nonwaivable duties under Georgia law, including duties under O.C.G.A. Sections 44-7-13 and 44-7-14.

21. Default. For nonpayment of Rent or other amounts recoverable in a dispossessory proceeding, before filing a dispossessory action Landlord will give Tenant written notice requiring Tenant to pay all past-due Rent, late fees, utilities, and other charges owed under this Agreement or vacate the Premises within three (3) business days after the notice is delivered, as required by O.C.G.A. Section 44-7-50. If Tenant fails to pay all amounts owed or vacate within the three-business-day period, Landlord may demand possession and commence dispossessory proceedings under O.C.G.A. Sections 44-7-49 through 44-7-59.

For a nonpayment notice under O.C.G.A. Section 44-7-50, Landlord will post the notice in a sealed envelope conspicuously on the door of the Premises and will also deliver the notice by any additional method agreed to in this Agreement, including the following agreed methods if checked:

 Certified mail       First-class mail       Personal delivery

 Email to Tenant at:

 Tenant portal / electronic notice system:

 Other:

For nonmonetary defaults, Landlord may give any notice and demand for possession required by Georgia law and may pursue the remedies available under this Agreement and applicable law. Tenant remains liable for Rent and other amounts due through the date the Premises are relet or through the end of the term, subject to Landlord's duty to make reasonable efforts to mitigate damages, credit for net rent Landlord actually receives from reletting the Premises, and any limitations imposed by applicable law.

22. Late Charge. If any payment required under this Agreement is not received within three (3) days after it is due, Tenant must pay the late fee stated in the Data Schedule, which the parties intend to compensate Landlord for administrative costs and other losses caused by late payment and not as a penalty. Late fees are among the charges Tenant must pay to avoid dispossessory proceedings under the notice described in § 21 (Default).

23. Abandonment. If Tenant abandons the Premises, Landlord may recover possession, secure the Premises, relet the Premises, and handle personal property left behind only as permitted by Georgia law and any applicable court order. Landlord may treat personal property as abandoned only after Landlord has lawfully recovered possession and only to the extent permitted by applicable law.

24. Attorneys' Fees. As provided under O.C.G.A. Section 44-7-2(c), if any dispute between Landlord and Tenant results in litigation concerning a breach of this Agreement, the losing party shall pay the prevailing party's reasonable attorney fees and costs, as determined by the court and made part of any judgment.

25. Recording of Agreement. Tenant shall not record this Agreement in any public office without Landlord's written consent. If Tenant records this Agreement without Landlord's written consent, Tenant is in material default, and Landlord may pursue all rights and remedies available under this Agreement and applicable law.

26. Governing Law. This Agreement shall be governed, construed, and interpreted under the laws of the State of Georgia.

27. Severability. If any provision of this Agreement or its application is invalid or unenforceable, the remainder of this Agreement and the application of the provision to other persons or circumstances shall not be affected and shall be enforced to the maximum extent permitted by law.

28. Binding Effect. The covenants, obligations, and conditions in this Agreement bind and benefit the parties and their permitted heirs, legal representatives, and assigns.

29. Descriptive Headings. The descriptive headings in this Agreement are for convenience only and do not affect the rights or obligations of Landlord or Tenant.

30. Construction. Words in the singular include the plural, and words in the plural include the singular, as the context requires.

31. Non-Waiver. No waiver by Landlord of any breach or default is effective unless in writing and signed by Landlord. Landlord's delay, indulgence, or failure to enforce any provision is not a waiver of Landlord's right to enforce that provision or any other provision later.

32. Modification; Exhibits and Addenda. This Agreement contains the entire agreement between the parties and may be modified only by a written amendment signed by all parties. All exhibits, addenda, and disclosure attachments referenced in this Agreement, including the inspection list (the inspection exhibit), any Lead-Based Paint Disclosure Addendum, and any checked attached addenda or disclosures, are incorporated into and made part of this Agreement.

33. General Notices. Except where a different method is required by law or expressly stated in this Agreement, notices may be given by certified mail, return receipt requested; personal delivery; any additional method checked in this Agreement for the specific notice; or any other method permitted by Georgia law. Notice addresses, and any email addresses for courtesy copies or agreed electronic notices, are stated in the Data Schedule.

 Email notice election. If checked, the parties agree that any notice under this Agreement — other than a notice for which Georgia law requires a specific delivery method, including the door-posting requirement of O.C.G.A. Section 44-7-50(d) — may be given by email to the email addresses stated in the Data Schedule. Email notice is effective when sent unless the sender receives an automated non-delivery response. Each party shall keep its email address in the Data Schedule current by written notice to the other party.

34. Owner and Manager Disclosure (O.C.G.A. § 44-7-3). At or before the commencement of the tenancy, Landlord discloses in writing:

 The Landlord named in this Agreement is the owner of record of the Premises.

 The owner of record, or a person authorized to act for and on behalf of the owner for service of process and receiving and receipting for demands and notices, is listed below.

If there is a change in any of the names or addresses above, Landlord shall notify Tenant of the change within thirty (30) days, in writing or by posting a notice of the change in a conspicuous place on the Premises.

35. Disclosures and Attached Addenda. (a) Flood Disclosure (O.C.G.A. Section 44-7-20). Check one:

 The living space on the Premises has not flooded three (3) or more times within the five (5) years immediately preceding this Agreement.

 The living space on the Premises has flooded three (3) or more times within the five (5) years immediately preceding this Agreement. Landlord discloses each such flooding as follows:

Flooding dates/circumstances:

(b) Lead-Based Paint. Check one:

 The Premises were built in 1978 or later. No federal lead-based paint disclosure addendum is required based on construction date.

 The Premises were built before 1978 or construction date is unknown. Before Tenant is obligated under this Agreement, Landlord must complete and attach the federal Lead-Based Paint Disclosure Addendum, provide the EPA-approved pamphlet, disclose known lead-based paint and lead-based paint hazards, and provide available records and reports as required by federal law.

(c) Attached addenda and disclosures. The following addenda, disclosures, and notices are part of this Agreement if checked or if required by applicable law:

 Move-In Condition / Existing Damage List under O.C.G.A. Section 44-7-33, if applicable.

 Lead-Based Paint Disclosure Addendum and EPA/HUD pamphlet, if required.    Security Deposit Escrow or Bond Disclosure under O.C.G.A. Sections 44-7-31 and 44-7-32, if applicable.

 Military Service Member Termination Rights Notice / Addendum.    Condominium / homeowners' association rules.

 Pet Addendum.    Renter's Insurance Addendum.

 Local government or property-specific disclosure:     Other:

Additional provisions:

36. Military Service Member Termination. Tenant may terminate this Agreement as permitted by O.C.G.A. Section 44-7-22 and any applicable federal military-service law by giving Landlord the required written notice and documentation. Landlord will comply with the termination date, rent proration, and other requirements imposed by applicable law.

37. Smoke Detectors. Landlord has installed smoke detector(s) in the Premises as required by O.C.G.A. Section 25-2-40. Tenant acknowledges the smoke detector(s) were in proper working order at commencement of the tenancy, shall test them periodically, shall replace batteries as needed, and shall promptly notify Landlord in writing of any malfunction.

38. Local and Property-Specific Requirements. Landlord must attach any local-government, condominium, homeowners' association, licensing, registration, utility-ratio, smoke-alarm, carbon-monoxide, mold, pest, or other property-specific disclosure or addendum required for the Premises. If no such disclosure is required, Landlord should check:  No additional local or property-specific disclosure is required based on Landlord's review.

The parties have executed this Agreement and agree to be bound by its terms as of the date first written above.