Georgia room rental agreement: what the law requires

Most people who rent a room in Georgia are tenants, so a room rental agreement carries the same core rights as an apartment lease. If the agreement has no end date, the renter is a tenant at will: the owner must give 60 days' notice to end it, and the renter must give 30 days. Removing a renter who will not leave takes a dispossessory case in court.

Is a room renter a tenant in Georgia?

The Georgia Department of Community Affairs publishes the Georgia Landlord-Tenant Handbook, and it opens with this question. A tenant has the right to possess the property. A written agreement that calls the renter a tenant, lessee, or resident points toward a tenancy.

Without a written agreement, conduct decides. The handbook lists factors that make a tenancy more likely: paying rent, using the property as a primary residence, keeping belongings there, staying for several months or more, having no end date, cleaning and maintaining the space, and coming and going without interference.

Some terms point the other way. An agreement that prohibits the renter from making alterations, doing maintenance, having visitors, or coming and going at certain hours makes a tenancy less likely. The handbook notes that hotel and motel guests are typically not tenants, though an extended-stay guest could become one through an agreement or the parties' conduct.

For a homeowner, the practical point is simple. A person who pays monthly rent for a room, keeps belongings there, and has no end date is very likely a tenant, with the notice and court protections that come with that status.

How much notice ends a room rental in Georgia?

Under Georgia law, a tenancy at will ends with 60 days' notice from the landlord or 30 days' notice from the tenant. The handbook puts it this way: the landlord “must give the tenant sixty (60) days' notice telling them to leave,” and “a tenant can end a tenancy-at-will by giving the landlord thirty (30) days' notice.”

The same 60 days applies to a rent change. If the landlord wants the renter to stay at a higher rent, the handbook says the tenant must be given 60 days' notice to start a new tenancy at will at the new amount.

A room rental with a fixed end date works differently. A written lease ends according to its terms, with limited exceptions for military service members and tenants fleeing family violence. If the landlord keeps accepting monthly rent after the lease expires, a tenancy at will is created on the terms of the original lease.

Give notice in writing and keep a copy. A dated letter is the easiest proof of when the 60 or 30 days began.

How much can a Georgia landlord charge for a room rental deposit?

The handbook states that a landlord “cannot require a security deposit that is an amount more than two (2) months rent.” Application fees and deposits to hold a unit before the lease is signed are not security deposits and usually are not refundable. Pet deposits may be refundable or may be separate nonrefundable fees, depending on the lease.

Larger landlords face extra duties. A landlord who owns more than ten rental units, counting units owned by a spouse or children, or who uses a management agent, must keep deposits in a bank escrow account used only for deposits or post a bond with the superior court clerk. A landlord using escrow must tell the tenant in writing where the deposit is held.

Does Georgia's small-landlord exemption cover a room rental?

Usually, yes. A homeowner renting one room typically owns ten or fewer rental units and manages them personally. Under Georgia law, that landlord is exempt from the escrow rule and from the formal move-in damage list and move-out inspection that larger landlords must provide.

The exemption has limits. The handbook says “all landlords, regardless of the number of units owned, must return the security deposit within thirty (30) days” after the lease ends or the tenant leaves, whichever occurs last. The exemption also falls away once a management agent is involved.

Even without a required list, a small landlord benefits from walking through the room with the renter at move-in, noting existing damage, and having both people sign. That record is the best evidence if a deduction is disputed later.

When must a Georgia landlord return a room renter's deposit?

Within 30 days after the lease ends or the renter moves out, whichever is later. If the landlord keeps any part for damage, the landlord must send notice within the same 30 days identifying the damage, the estimated dollar amount, and any refund of the difference.

The deposit and any statement go to the renter's last known address, even if that is the rented room. If the mail comes back undeliverable and the landlord cannot find the renter after a reasonable effort, the deposit belongs to the landlord 90 days after it was mailed.

The handbook lists five permitted uses of the deposit: damage beyond normal wear and tear caused by the renter, household members, pets, or guests; unpaid rent or late charges; unpaid pet fees; unpaid utilities the lease assigned to the renter; and damage to the landlord caused by early termination.

How does a Georgia landlord remove a room renter who will not leave?

Through the courts. The handbook states that “self-help evictions by the landlord are illegal, even if you have violated the lease.” During the case, the renter may stay in the room with active utilities until the court decides.

Georgia's dispossessory process starts with a demand for possession. For unpaid rent, the landlord must give a written notice to pay at least three business days before filing. The landlord then files a dispossessory affidavit under oath, usually in magistrate court in the county where the property sits, and the affidavit is served on the renter.

The renter has seven days from service to answer. A renter facing eviction for unpaid rent can also tender the full amount owed plus court costs within seven days, a defense available once in any 12-month period. If the landlord wins, the court issues a writ of possession, and the sheriff generally supervises the removal of a renter who still refuses to leave.

What should a Georgia room rental agreement include?

Start with the parties and the space: the owner, the renter, the room, and the shared areas the renter may use. Include the name and address of the owner or authorized agent who receives legal notices, which the handbook says a tenant must receive.

State the rent, due date, late fees, and deposit amount, keeping the deposit at or below two months' rent. Say whether the rental is month to month or runs to a fixed end date, since that choice sets the notice rules.

Add house rules for guests, noise, quiet hours, and shared chores. The handbook notes that a lease may allow the landlord to end the lease or evict for violating house rules, so say so in the agreement if that is the intent. If two renters sign one agreement, spell out joint and several liability, which lets the landlord hold each renter responsible for the full rent.

Sources

• Georgia Department of Community Affairs, Georgia Landlord-Tenant Handbook