Fillable Printable Residential Lease Agreement - Georgia

Residential Lease Agreement - Georgia

GEORGIA RESIDENTIAL LEASE AGREEMENT

This Residential Lease Agreement (hereinafter “Lease”) is entered into this the ____ day of _____________________,

20____, by and between the Lessor: ______________________________________, (hereinafter referred to as “Landlord”),

and the Lessee(s): ______________________________________________________________________________________.

All Lessees (hereinafter referred to collectively as “Tenant”), are jointly, severally and individually bound by, and liable under,

the terms and conditions of this Lease.

For the valuable consideration described below, the sufficiency of which is hereby acknowledged, Landlord and Tenant do

hereby covenant, contract and agree as follows:

1. GRANT OF LEASE: Landlord does hereby lease

unto Tenant, and Tenant does hereby rent from Landlord,

solely for use as a personal residence, excluding all other

uses, the personal residence located in

__________________ County, Georgia, with address of:

________________________________________________

________________________________________________,

including the following items of personal property:

________________________________________________

________________________________________________.

2. NATURE OF OCCUPANCY:

As a special

consideration and inducement for the granting of this Lease

by the Landlord to the Tenant, the personal residence

described above shall be used and occupied only by the

members of the Tenant’s family or others whose names and

ages are set forth below:

________________________________________________

________________________________________________.

3. TERM OF LEASE: This Lease shall commence on

the ____ day of ___________________, 20____, and

extend until its expiration on the ____ day of

_________________, 20____, unless renewed or extended

pursuant to the terms herein.

4. SECURITY DEPOSIT:

Upon execution of this

Lease, Tenant shall deposit the sum of $___________ to be

held by Landlord as a security deposit for reasonable

cleaning of, and repair of damages to, the premises upon the

expiration or termination of this Lease, or other reasonable

damages resulting from a default by Tenant. Tenant shall be

liable to Landlord for all damages to the leased premises

upon the termination of this Lease, ordinary wear and tear

excepted. Tenant is not entitled to interest on the security

deposit. Tenant may not apply the security deposit to any

rent due under this Lease. If Landlord sells or assigns the

leased premises, Landlord shall have the right to transfer

Tenant’s security deposit to the new owner or assignee to

hold under this Lease, and upon so doing Landlord shall be

released from all liability to Tenant for return of said

security deposit.

As per Georgia Code § 44-7-34:

Within one month after the termination of the residential

lease or the surrender and acceptance of the premises,

whichever occurs last, a landlord shall return to the tenant

the full security deposit which was deposited with the

landlord by the tenant. No security deposit shall be retained

to cover ordinary wear and tear which occurred as a result of

the use of the premises for the purposes for which the

premises were intended, provided that there was no

negligence, carelessness, accident, or abuse of the premises

by the tenant or members of his household or their invitees

or guests.

In the event that actual cause exists for retaining any portion

of the security deposit, the landlord shall provide the tenant

with a written statement listing the exact reasons for the

retention thereof. If the reason for retention is based on

damages to the premises, such damages shall be listed.

When the statement is delivered, it shall be accompanied by

a payment of the difference between any sum deposited and

the amount retained. The landlord shall be deemed to have

complied with this paragraph by mailing the statement and

any payment required to the last known address of the tenant

via first class mail. If the letter containing the payment is

returned to the landlord undelivered and if the landlord is

unable to locate the tenant after reasonable effort, the

payment shall become the property of the landlord 90 days

after the date the payment was mailed. Nothing in this

paragraph shall preclude the landlord from retaining the

security deposit for nonpayment of rent or of fees for late

payment, for abandonment of the premises, for nonpayment

of utility charges, for repair work or cleaning contracted for

by the tenant with third parties, for unpaid pet fees, or for

actual damages caused by the tenant's breach, provided the

landlord attempts to mitigate the actual damages.

5. RENT PAYMENTS: Tenant agrees to pay rent unto

the Landlord during the term of this Lease in equal monthly

installments of $_____________, said installment for each

month being due and payable on or before the 1st day of the

month, the first full rent payment under this Lease being due

on the 1st day of ____________________, 20____.

Tenant agrees that if rent is not paid in full on or before the

_____ day of the month, Tenant will pay a late charge of

$________ as allowed by applicable Georgia law.

The prorated rent from the commencement of this Lease to

the first day of the following month is $____________,

which amount shall be paid at the execution of this Lease.

Tenant agrees that rent shall be paid in lawful money of the

United States by (indicate those that apply):

[ ] cash, [ ] personal check, [ ] money order, [ ]

cashier’s check, [ ] other___________________.

Rent payments shall be made payable to

________________________________________ and

mailed or delivered to the following address:

________________________________________________

_______________________. All notices from Tenant to

Landlord under this Lease and applicable Georgia law shall

be delivered to the above address.

Tenant agrees that rent monies will not be considered paid

until Landlord or Landlord’s agent receives the rent monies,

either by mail or by delivery to the above address. Tenant

placing rent monies in the mail is not sufficient for rent to be

considered paid, and rent will be considered unpaid until

actual receipt thereof.

If there are multiple Tenants signed to this Lease, all such

Tenants are jointly, severally and individually bound by, and

liable under, the terms and conditions of this Lease. A

judgment entered against one Tenant shall be no bar to an

action against other Tenants.

6. CONSEQUENCES OF BREACH BY TENANT: If

Tenant, by any act or omission, or by the act or omission of

any of Tenant’s family or invitees, licensees, and/or guests,

violates any of the terms or conditions of this Lease or any

other documents made a part hereof by reference or

attachment, Tenant shall be considered in breach of this

Lease (breach by one tenant shall be considered breach by

all tenants where Tenant is more than one person).

In case of such breach Landlord may deliver a written notice

to the Tenant in breach specifying the acts and omissions

constituting the breach and that the Lease Agreement will

terminate upon a date not less than thirty (30) days after

receipt of the notice if the breach is not remedied within a

reasonable time not in excess of thirty (30) days; and the

Lease Agreement shall terminate and the Tenant shall

surrender possession as provided in the notice subject to the

following:

(a) If the breach is remediable by repairs, the payment of

damages, or otherwise, and the Tenant adequately

remedies the breach prior to the date specified in the notice,

the Lease Agreement shall not terminate;

(b) In the absence of a showing of due care by the Tenant, if

substantially the same act or omission which constituted a

prior noncompliance of which notice was given

recurs within six (6) months, the Landlord party may

terminate the Lease Agreement upon at least fourteen (14)

days written notice specifying the breach and the date of

termination of the Lease Agreement;

If the Lease Agreement is terminated, Landlord shall return

all prepaid and unearned rent, and any amount of the

security deposit recoverable by the Tenant.

However, if the breach by the Tenant is nonpayment of

rent, the Landlord shall not be required to deliver thirty (30)

days' written notice as provided above. In such event, the

Landlord may serve Tenant with a seven (7) day written

notice of termination, whereupon the Tenant must pay the

unpaid rent in full or surrender possession of the premises

by the expiration of the seven (7) day notice period.

Furthermore, the Tenant may be terminated by a three (3)

day written notice delivered by Landlord if the Tenant has

committed a substantial violation of the Lease Agreement or

applicable law that materially affects health and safety.

7. DELIVERY OF NOTICES: Any giving of notice

under this Lease or applicable Georgia law shall be made by

Tenant in writing and delivered to the address noted above

for the payment of rent, either by hand delivery or by mail.

Certified or registered mail is recommended. Delivery by

mail shall not be considered complete until actual receipt by

Landlord or Landlord’s agent.

Any notices from Landlord to Tenant shall be in writing and

shall be deemed sufficiently served upon Tenant when

deposited in the mail addressed to the leased premises, or

addressed to Tenant’s last known post office address, or

hand delivered, or placed in Tenant’s mailbox. If Tenant is

more than one person, then notice to one shall be sufficient

as notice to all.

8. UTILITIES: Tenant will provide and pay for the

following utilities (indicate those that apply):

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable

Television, [ ] Water, [ ] Garbage pick-up.

Landlord will provide and pay for the following utilities

(indicate those that apply):

[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable

Television, [ ] Water, [ ] Garbage pick-up.

Tenant shall be responsible for contacting and arranging for

any utility service not provided by the Landlord, and for any

utilities not listed above. Tenant shall be responsible for

having same utilities disconnected on the day Tenant

delivers the leased premises back unto Landlord upon

termination or expiration of this Lease.

9. NOTICE OF INTENT TO SURRENDER: Any other

provision of this lease to the contrary notwithstanding, at

least thirty (30) days prior to the normal expiration of the

term of this Lease as noted under the heading TERM OF

LEASE above, Tenant shall give written notice to Landlord

of Tenant’s intention to surrender the residence at the

expiration of the Lease term. If said written notice is not

timely given, the Tenant shall become a month-to-month

tenant as defined by applicable Georgia law, and all

provisions of this Lease will remain in full force and effect,

unless this Lease is extended or renewed for a specific term

by written agreement of Landlord and Tenant.

If Tenant becomes a month-to-month tenant in the manner

described above, Tenant must give a thirty (30) day written

notice to the Landlord of Tenant’s intention to surrender the

residence. At any time during a month-to-month tenancy

Landlord may terminate the month-to-month Lease by

serving Tenant with a written notice of termination, or by

any other means allowed by applicable Georgia law. Upon

termination, Tenant shall vacate the premises and deliver

same unto Landlord on or before the expiration of the period

of notice.

10. OBLIGATIONS AND DUTIES OF LANDLORD:

As per Georgia Code § 44-7-13:

Landlord must keep the premises in repair.

11. OBLIGATIONS AND DUTIES OF TENANT:

Tenant agrees to:

(a) Keep that part of the premises that he occupies and uses

as clean and as safe as the condition of the premises permits;

(b) Dispose from his dwelling unit all ashes, rubbish,

garbage and other waste in a clean and safe manner in

compliance with community standards;

the Tenant as clean as their condition permits;

(d) Use in a reasonable manner all electrical, plumbing,

sanitary, heating, ventilating, air conditioning and other

facilities and appliances, including elevators, in the

premises;

(e) Not deliberately or negligently destroy, deface, damage,

impair or remove any part of the premises or knowingly

permit any other person to do so;

(f) Conduct himself and require other persons on the

premises with his consent to conduct themselves in a manner

that will not disturb his neighbors' peaceful enjoyment of

their premises;

(g) Inform the Landlord of any condition of which he has

actual knowledge which may cause damage to the premises;

(h) Maintain the dwelling unit in substantially the same

condition, reasonable wear and tear excepted, and comply

with the requirements of applicable building and housing

codes materially affecting health and safety;

(i) Not engage in any illegal activity upon the leased

premises as documented by a law enforcement agency;

Tenant agrees that any violation of these provisions shall be

considered a breach of this Lease.

12. NO ASSIGNMENT: Tenant expressly agrees that the

leased premises nor any portion thereof shall not be assigned

or sub-let by Tenant without the prior written consent of

Landlord.

13. TENANT INSURANCE: Landlord shall not be liable

to Tenant, Tenant’s family or Tenant’s invitees, licensees,

and/or guests for damages not proximately caused by

Landlord or Landlord’s agents. Landlord will not

compensate Tenant or anyone else for damages proximately

caused by any other source whatsoever, or by Acts of God,

and Tenant is therefore strongly encouraged to

independently purchase insurance to protect Tenant,

Tenant’s family, Tenant’s invitees, licensees, and/or guests,

and all personal property on the leased premises and/or in

any common areas from any and all damages.

14. CONDITION OF LEASED PREMISES: Tenant

hereby acknowledges that Tenant has examined the leased

premises prior to the signing of this Lease, or knowingly

waived said examination. Tenant acknowledges that Tenant

has not relied on any representations made by Landlord or

Landlord’s agents regarding the condition of the leased

premises and that Tenant takes premises in its AS-IS

condition with no express or implied warranties or

representations beyond those contained herein or required

by applicable Georgia law. Tenant agrees not to damage the

premises through any act or omission, and to be responsible

for any damages sustained through the acts or omissions of

Tenant, Tenant’s family or Tenant’s invitees, licensees,

and/or guests. If such damages are incurred, Tenant is

required to pay for any resulting repairs at the same time and

in addition to the next month’s rent payment, with

consequences for non-payment identical to those for non-

payment of rent described herein. At the expiration or

termination of the Lease, Tenant shall return the leased

premises in as good condition as when taken by Tenant at

the commencement of the lease, with only normal wear-and-

tear excepted. Tenant shall have the right to remove from the

premises Tenant’s fixtures placed thereon by Tenant at his

expense, provided, however, that Tenant in effecting

removal, shall restore the leased premises to as good, safe,

sound, orderly and sightly condition as before the addition

of Tenant’s fixture. Failing this, Tenant shall be obligated to

pay for repairs as stated above.

15. ALTERATIONS: Tenant shall make no alterations,

decorations, additions, or improvements to the leased

premises without first obtaining the express written consent

of Landlord. Any of the above-described work shall

become part of the dwelling. If carried out by independent

contractors, said contractors must be approved by Landlord.

Tenant shall not contract for work to be done without first

placing monies sufficient to satisfy the contract price in an

escrow account approved by Landlord. All work shall be

done at such times and in such manner as Landlord may

designate. If a construction or mechanic’s lien is placed on

the leased premises as a result of the work, such shall be

satisfied by Tenant within ten (10) days thereafter at

Tenant’s sole expense. Tenant shall be considered in breach

of this Lease upon failure to satisfy said lien.

16. NO ILLEGAL USE:

Tenant shall not perpetrate,

allow or suffer any acts or omissions contrary to law or

ordinance to be carried out upon the leased premises or in

any common area. Upon obtaining actual knowledge of any

illegal acts or omissions upon the leased premises, Tenant

agrees to immediately inform Landlord and the appropriate

authorities. Tenant shall bear responsibility for any and all

illegal acts or omissions upon the leased premises and shall

be considered in breach of this Lease upon conviction of

Tenant or any of Tenant’s family or invitees, licensees,

and/or guests for any illegal act or omission upon the leased

premises- whether known or unknown to Tenant.

17. NOTICE OF INJURIES:

In the event of any

significant injury or damage to Tenant, Tenant’s family, or

Tenant’s invitees, licensees, and/or guests, or any personal

property, suffered in the leased premises or in any common

area, written notice of same shall be provided by Tenant to

Landlord at the address designated for delivery of notices

(identical to address for payment of rent) as soon as possible

but not later than five (5) days after said injury or damage.

Failure to provide such notice shall constitute a breach of

this Lease.

18. LANDLORD’S RIGHT TO MORTGAGE: Tenant

agrees to accept the premises subject to and subordinate to

any existing or future mortgage or other lien, and Landlord

reserves the right to subject premises to same. Tenant

agrees to and hereby irrevocably grants Landlord power of

attorney for Tenant for the sole purpose of executing and

delivering in the name of the Tenant any document(s)

related to the Landlord’s right to subject the premises to a

mortgage or other lien.

19. ABANDONMENT: Abandonment shall be defined as

the absence of the Tenant from the leased premises for a

period of seven (7) or more consecutive days while rent or

any owing monies remain unpaid- whereupon Tenant will be

considered in breach of this Lease. This definition is

subordinate to, and shall not in any way impair, the rights

and remedies of Landlord under this Lease or applicable

Georgia law, except that in case of abandonment, Landlord

or Landlord’s agents may immediately or any time thereafter

enter and re-take the leased premises as provided by

applicable Georgia law, and terminate this Lease without

notice to Tenant.

20. NOTICE OF ABSENCE FROM PREMISES: If

Tenant is to be absent from the leased premises for seven (7)

or more consecutive days, written notice of such should be

served upon Landlord. If such absences are to be customary

or frequent, the expected frequency and duration of absence

should be summarily noted here: ______________________

________________________________________________

Tenant expressly agrees and understands that absence from

the premises, with or without notice, in no way obviates the

requirement to pay rent and other monies as stated herein, or

the consequences of failure to timely pay same.

21. POSSESSION OF PREMISES: Tenant shall not be

entitled to possession of the premises designated for lease

until the security deposit and first month’s rent (or prorated

portion thereof), less any applicable promotional discount, is

paid in full and the premises designated for lease is vacated

by the prior tenant.

22. MATERIALITY OF APPLICATION TO RENT:

All representations made by Tenant(s) on the Application to

Rent (or like-titled document) are material to the grant of

this Lease, and the Lease is granted only on condition of the

truthfulness and accuracy of said representations. If a

failure to disclose or lack of truthfulness is discovered on

said Application, Landlord may deem Tenant to be in breach

of this Lease.

23. MODIFICATION OF THIS LEASE:

Any

modification of this lease shall not be binding upon

Landlord unless in writing and signed by Landlord or

Landlord’s authorized agent. No oral representation shall be

effective to modify this Lease. If, as per the terms of this

paragraph, any provision of this lease is newly added,

modified, or stricken out, the remainder of this Lease shall

remain in full force and effect.

24. REMEDIES NOT EXCLUSIVE: The remedies and

rights contained in and conveyed by this Lease are

cumulative, and are not exclusive of other rights, remedies

and benefits allowed by applicable Georgia law.

25. SEVERABILITY: If any provision herein, or any

portion thereof, is rendered invalid by operation of law,

judgment, or court order, the remaining provisions and/or

portions of provisions shall remain valid and enforceable

and shall be construed to so remain.

26. NO WAIVER: The failure of Landlord to insist upon

the strict performance of the terms, covenants, and

agreements herein shall not be construed as a waiver or

relinquishment of Landlord's right thereafter to enforce any

such term, covenant, or condition, but the same shall

continue in full force and effect. No act or omission of

Landlord shall be considered a waiver of any of the terms or

conditions of this Lease, nor excuse any conduct contrary to

the terms and conditions of this Lease, nor be considered to

create a pattern of conduct between the Landlord and Tenant

upon which Tenant may rely upon if contrary to the terms

and conditions of this Lease.

27. HEIRS AND ASSIGNS: It is agreed and understood

that all covenants of this lease shall succeed to and be

binding upon the respective heirs, executors, administrators,

successors and, except as provided herein, assigns of the

parties hereto, but nothing contained herein shall be

construed so as to allow the Tenant to transfer or assign this

lease in violation of any term hereof.

28. DESTRUCTION OF PREMISES: In the event the

leased premises shall be destroyed or rendered totally

untenable by fire, windstorm, or any other cause beyond the

control of Landlord, then this Lease shall cease and

terminate as of the date of such destruction, and the rent

shall then be accounted for between Landlord and Tenant up

to the time of such damage or destruction of said premises as

if being prorated as of that date. In the event the leased

premises are damaged by fire, windstorm or other cause

beyond the control of Landlord so as to render the same

partially untenable, but repairable within a reasonable time,

then this lease shall remain in force and effect and the

Landlord shall, within said reasonable time, restore said

premises to substantially the condition the premises were in

prior to said damage, and there shall be an abatement in rent

in proportion to the relationship the damaged portion of the

leased premises bears to the whole of said premises.

29. EMINENT DOMAIN: In the event that the leased

premises shall be taken by eminent domain, the rent shall be

prorated to the date of taking and this Lease shall terminate

on that date.

30. LANDLORD ENTRY:

In addition to the rights

provided by applicable Georgia law, Landlord shall have the

right to enter the leased premises at all reasonable times for

the purpose of inspecting the same and/or showing the same

to prospective tenants or purchasers, and to make such

reasonable repairs and alterations as may be deemed

necessary by Landlord for the preservation of the leased

premises or the building and to remove any alterations,

additions, fixtures, and any other objects which may be

affixed or erected in violation of the terms of this Lease.

Landlord shall give reasonable notice of intent to enter

premises except in the case of an emergency.

31. GOVERNING LAW: This Lease is governed by the

statutory and case law of the State of Georgia.

32. LEAD-BASED PAINT DISCLOSURE: 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, LESSORS MUST DISCLOSE

THE PRESENCE OF KNOWN LEAD-BASED PAINT

AND/OR LEAD-BASED PAINT HAZARDS IN THE

DWELLING. LEASEES MUST ALSO RECEIVE A

FEDERALLY APPROVED PAMPHLET ON LEAD

POISONING PREVENTION.

Landlord states as follows: [Landlord check one]

The leased premises was constructed in 1978 or later.

The leased premises was constructed prior to 1978.

Landlord has conformed with all federal requirements

regarding lead-based paint disclosure including the

completion and mutual signing with Tenant and any

agents, of the Lead-Based Paint Disclosure Form

attached hereto and incorporated into this lease as a part

hereof. All associated information required by the

Disclosure form (if any) was furnished to Tenant, and

Tenant received the EPA pamphlet “Protect Your

Family from Lead in Your Home.”

33. ADDITIONAL PROVISIONS:

________________________________________________

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