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What Is a Georgia Month-to-Month Lease Agreement?

A Georgia month-to-month lease is a short-term rental agreement between the landlord and tenant. A rental agreement of this nature renews at the beginning of each month. While a month-to-month rental agreement technically only lasts 30 days, the parties may find the tenancy arrangement so beneficial that they decide to make the arrangement indefinite.

A month-to-month lease agreement must comply with Georgia landlord-tenant law. It should have the same provisions as a fixed-term residential lease agreement, including:

  • The amount of the monthly rent and when it is due
  • The amount of the late fee and whether there is a grace period
  • The security deposit amount
  • Rent increases
  • Whether subletting the rental property is allowed
  • Occupancy information for the rental unit
  • The parking policy
  • The pet policy
  • The notice period for lease termination for move out
  • How to deliver a written notice
  • Eviction notice

What Laws Apply to Georgia Month-to-Month Lease Agreements?

Georgia month-to-month lease agreements are governed by Georgia Code Title 44 Chapter 7 Landlord and Tenant. State law does not limit the amount of money that a landlord may charge as a security deposit. However, §44-7-34 states that the landlord must return the security deposit within 30 days of the tenant’s move out. The landlord is not allowed to keep the security deposit for ordinary wear and tear. If the landlord keeps the security deposit for damages to the rental real estate that exceed normal wear and tear, they must provide the renter with a written statement that explains the reasons in detail. The state law includes nonpayment of rent and utilities as other reasons the landlord may retain part or all of the security deposit.

It is vital that landlords and property managers understand Georgia law and federal law before getting involved in month-to-month tenancy arrangements. They should seek legal advice to learn more about leasing.

Terminating a Georgia Month-to-Month Lease Agreement

According to §44-7-7, the notice period for a Georgia month-to-month lease agreement depends on whether the person providing the written notice depends on whether they are the tenant or the landlord. For landlords, they must provide a 60 days’ notice. For tenants, they must provide landlords with 30 days’ notice.

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