Residential Lease Agreement, Page 1
GEORGIA RESIDENTIAL LEASE AGREEMENT
Thi
s 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 l
ease
unt
o Tenant, and Tenant does hereby rent from Landl
ord,
sol
ely for use as a personal residence, excluding all ot
her
uses, the personal residence located in
__________________ C
ounty, Georgia, with address of:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________,
i
ncluding the following items of personal property:
________________________________________________
________________________________________________
________________________________________________.
2. NATURE OF OCCUPANCY: As a special
consi
deration and inducement for the granting of this
Lease
by the Landlord to the Tenant, the personal residence
descri
bed above shall be used and occupied only by th
e
m
embers of the Tenant’s family or others whose names
and
ages are set forth below:
________________________________________________
________________________________________________
________________________________________________
________________________________________________.
3. TERM OF LEASE: This Lease shall commence on
t
he ____ day
of ___________________, 20____, and
extend until its expiration on
the ____ day
of
_________________, 20____, unl
ess renewed or exte
nded
p
ursuant to the terms herein
.
4.
SECURITY DEPOSIT: Upon execution of this
Lease, Tenant shall deposit the sum of $___________ to be
hel
d by Landlord as a security deposit for reasonabl
e
cl
eaning of, and repair of damages to, the premises upon th
e
expi
ration or termination of this Lease, or other reasonabl
e
dam
ages resulting from a default by Tenant. Tenant shall
be
liable to Landlord for all damages to the leased premises
upon t
he termination of this Lease, ordinary wear and t
ear
ex
cepted. Tenant is not entitled to interest on the secu
rity
deposi
t. Tenant may not apply the security deposit to any
rent due under this Lease. If Landlord sells or assigns th
e
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 unt
o
t
he Landlord during the term of this Lease in equal monthly
installments of $_____________, said installment for each
m
onth being due and payable on or before the 1st day of th
e
Residential Lease Agreement, Page 2
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.
Residential Lease Agreement, Page 3
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 ot
her
provi
sion of this lease to the contrary notwithstanding, at
least thirty (30) days prior to the normal expiration of the
t
erm of this Lease as noted under the heading TERM
OF
LEASE above, Tenant
shall gi
ve written notice to Landlord
of Tenant
’s intention to surrender the residence at th
e
ex
piration of the Lease term. If said written notice is not
timely given, the Tenant shall become a month-to-month
t
enant as defined by applicable Georgia law, and all
provisions of this Lease will remain in full force and
effect,
unl
ess 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 Georgi
a 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 prem
ises perm
its;
(b)
Dispose from his dwelling unit all ashes, rubbi
sh,
garbage and ot
her waste in a clean and safe ma
nner in
compliance with community standards;
(c) Keep all plumbing fixtures in the dwelling unit used by
the Tenant as clean as their condition perm
its;
(d)
Use in a reasonable manner all electrical, plumbing,
sanitary, heating, ventilating, air conditioning and other
facilities
and appliances, including elevators, in th
e
premises;
(e)
Not deliberately or negligently destroy, deface, dama
ge,
i
mpair or remove any part of the premises or knowingly
permit any other person to do so;
(f) Conduct
himself and require other persons on th
e
prem
ises with his consent to conduct themselves in a ma
nner
that will not disturb his neighbors'
peaceful enjoym
ent of
their premises;
(g) Inform the Landlord of any condition of which he
has
act
ual knowledge which may cause damage to the premises;
(h) Maintain the dwelling unit in substantially the same
condition, reasonable wear and tear excepted, and comp
ly
wi
th the requirements of applicable building and housi
ng
co
des materially affecting health and
safety;
(i) Not engage in any illegal activity upon the leased
prem
ises as documented by a law enforcem
ent 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
t
o Tenant, Tenant’s family or Tenant’s invitees, li
censees,
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 guest
s,
and al
l personal property on the leased premises and/or in
any common areas from any and all damages.
1
4. CONDITION OF LEASED PREMISES: Tenant
hereby acknowledges that Tenant has examined the l
eased
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 Landl
ord or
Landl
ord’s agents regarding the condition of the l
eased
prem
ises and that Tenant takes premises in its
AS-IS
condition with no express or implied warranties or
represent
ations beyond those contained herein or requi
red
by
applicable Georgia law. Tenant agrees not to damage th
e
prem
ises through any act or omission, and to be responsible
for any damages sustained through the acts or omissi
ons 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 tim
e and
i
n addition to the next month’s rent payment, with
Residential Lease Agreement, Page 4
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 alterati
ons,
decorations, additions, or improvements to the leased
prem
ises without first obtaini
ng the express written consent
of Landl
ord. Any of the above-described work shall
become part of the dwelling. If carried out by independent
contractors, said contractors must be approved by Landl
ord.
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 m
echanic’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 t
his Lease upon failure to satisfy said lie
n.
1
6.
NO ILLEGAL USE: Tenant shall not perpetrate
,
al
low or suffer any acts or omissions contrary to la
w 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 t
o 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, li
censees,
and/or guests for any illegal act or om
ission upon the
leased
prem
ises- 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 comm
on
area, written
notice of same shall be provided by Tenant to
Landlord at the address designated for delivery of noti
ces
(identical to address for payment of rent) as soon as possible
but
not later than five (5) days after said injury or dama
ge.
Failure to provide such notice shall constitute a breach of
this Lease.
18.
LANDLORD’S RIGHT TO MORTGAGE: Tenant
agrees to accept the premises s
ubject to and subordinate to
any
existing or future mortgage or other lien, and Landl
ord
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 prem
ises for a
period of seven (7) or more consecutive days while rent or
any owing m
onies remain unpa
id- whereupon Tenant will be
considered in breach of this Lease. This definition is
subordi
nate to, and shall not in any way impair, the right
s
and rem
edies of Landlord under this Lease or applicable
Georgia law, except that in case of abandonment, Landlord
or Landl
ord’s agents may immediately or any tim
e thereafter
enter and re-take the leased prem
ises as provided
by
appl
icable 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 m
ore 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
shoul
d be summarily noted here:
______________________
________________________________________________
________________________________________________
Tenant
expressly agrees and understands that absence from
the premises, with or without notice, in no way obviates th
e
requi
rement 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
en
titled to possession of the premises designated fo
r 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 th
e
truthfulness and accuracy of said representations.
If
a
fai
lure to disclose or lack of truthfulness is di
scovered 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 bindi
ng upon
Landl
ord unless in writing and signed by Landl
ord or
Landl
ord’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,
m
odified, or stricken out, the remainder of this Lease sh
all
Residential Lease Agreement, Page 5
remain in full force and effect.
24. REMEDIES NOT EXCLUSIVE: The remedies and
ri
ghts contained in and conveyed by this
Lease are
cum
ulative, and are not exclusive of other rights, remedi
es
and benefi
ts allowed by applicable Georgia law.
25.
SEVERABILITY: If any provision herein, or any
portion thereof, is rendered invalid by operation of la
w,
judgment, or court order, the remaining provisions and/or
portions of provisions shall rem
a
in valid and enforceable
and shal
l be construed to so remain
.
26.
NO WAIVER: The failure of Landlord to insist
upon
t
he strict performance of the terms, covenants,
and
agreem
ents herein shall not be construed as a waiv
er 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
Landl
ord shall be considered a waiver of any of the terms
or
condi
tions 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 term
s
and condi
tions of this
Lease.
27.
HEIRS AND ASSIGNS: It is agreed and underst
ood
that all covenants of this lease shall succeed
to and
be
bi
nding upon the respective heirs, executors, administrato
rs,
successors and, except
as provided herein, assigns of th
e
parties hereto, but nothing contained herein shall be
co
nstrued so as to allow the Tenant to transfer or assign th
is
l
ease in violation of any term
hereof.
28.
DESTRUCTION OF PREMISES: In the event the
l
eased premises shall be destroyed or rendered totally
untenable by fire, windstorm, or any other cause beyond th
e
control of Landlord, then this Lease shall
cease
and
t
erminate as of the date of such destruction, and the rent
shall then be accounted for between Landlord and Tenant up
t
o the time of such damage or destruction of said premis
es as
i
f being prorated as of that date.
In the event the leased
prem
ises are damaged by fire, windstorm or ot
her cause
bey
ond the control of Landlord so as to render the same
partially untenable, but repairable within a reasonable time,
th
en this lease shall remain in force and effect and
the
Lan
dlord 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 prem
ises bears to the whole of said prem
ises.
2
9.
EMINENT DOMAIN: In the event
that the leased
premises shall be taken by eminent domain, the rent shall be
p
rorated to the date of taking and this Lease shall termin
ate
on t
hat date
.
30. LANDLORD ENTRY:
In addition to the rights
provi
ded by applicable Georgia law, Landlord shall have th
e
right
to enter the leased premises at all reasonable tim
es for
t
he purpose of inspecting the same and/or showing the same
to prospective tenants or purchasers, and to ma
ke such
reasonable repairs and alterations as may be deemed
necessary
by Landlord for the preservation of the l
eased
prem
ises or the building and to remove any alterati
ons,
addi
tions, fixtures, and any other objects which may
be
affi
xed or erected in violation of the terms of this
Lease.
Landlord shall give reasonable notice of intent to enter
prem
ises except in the case of an em
ergency.
31. GOVERNING LAW:
Thi
s Lease is governed by th
e
statutory and case law of the State of Georgia.
32. LEAD-BASED PAINT DISCLOSURE: HOUSING
B
UILT BEFORE 1978 MAY CONTAIN LEAD-BASE
D
PAINT. LEAD FROM PAINT, PAINT CHIPS, AND
DUST
CAN POSE HEALTH HAZ
ARDS 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 HAZ
ARDS IN
THE
DWELLING. LEASEES MUST ALSO RECEIVE A
FEDERALLY APPROVED PAMPHLET ON LEAD
POISONING PREVENTION.
Landl
ord 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:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Residential Lease Agreement, Page 6 - RentalLeaseAgreements.com
WITNESS THE SIGNATURES OF THE PARTIES TO THIS RESIDENTIAL LEASE AGREEMENT:
LANDLORD
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________
TENANT
Sign: ___________________________________ Print: __________________________________ Date: ______________