Lease Agreement Basics for Landlords in Savannah, GA: What Georgia Law Requires in 2026

Bare Real Estate  |  Savannah, GA  |  Property Management Resource  |  May 2026

Georgia's landlord-tenant law has changed in meaningful ways over the past two years — a new security deposit cap, the Safe at Home Act establishing minimum habitability standards, and stricter eviction notice requirements. For Savannah landlords managing properties across Chatham, Bryan, and Effingham Counties, understanding what your lease must contain — and what Georgia law requires independent of what the lease says — is the foundation of managing rental properties without legal exposure. This guide covers all of it in plain language.

Why Every Savannah Landlord Needs a Written Lease

Georgia technically recognizes oral lease agreements — if you accept rent, the law grants both parties automatic rights and responsibilities under OCGA Title 44, Chapter 7 whether anything is in writing or not. But "technically recognized" and "practically useful" are very different things.

Without a written lease, every dispute becomes a credibility contest. Did you agree to allow pets? Did you discuss who handles yard maintenance? Was there a late fee policy? Without documentation, these are unanswerable questions in a Chatham County Magistrate Court hearing, and courts tend to resolve unanswerable questions against the party with the power advantage — which, in landlord-tenant disputes, is usually the landlord. A written lease is your evidence, your enforcement mechanism, and your protection against claims you never anticipated.

Georgia also requires a written lease as a prerequisite to collecting a security deposit. If you want the financial protection of a security deposit — and every Savannah landlord should — you need a written lease in place before collecting a single dollar of deposit funds.

2 months Georgia security deposit maximum (as of July 1, 2024)
30 days Deadline to return deposit after tenant move-out
24 hours Minimum notice before landlord entry (non-emergency)
60 days Notice required before a rent increase takes effect

Required and Essential Lease Clauses

A Georgia residential lease must contain certain information to be enforceable and to satisfy state law. Beyond the legal minimums, there are additional clauses every Savannah landlord should include to protect their property, define the tenancy clearly, and prevent the ambiguity that generates disputes.

Names of all parties and property description Required

The lease must identify the landlord (or property manager) by full legal name and address, and must list the full legal names of all adult tenants who will occupy the property. Do not list only the primary tenant — every adult occupant should be named as a tenant and signatory. Unnamed occupants are not bound by the lease terms, which creates enforcement complications. The property address must be specific and complete, including unit number where applicable.

Georgia requires landlord name and address disclosure under OCGA § 44-7-3, with updates within 30 days of any change.

Lease term and type Required

State clearly whether the lease is a fixed term (specifying exact start and end dates) or a month-to-month tenancy. For fixed-term leases, specify what happens at the end of the term — does it automatically convert to month-to-month? Does it require a renewal notice? Vague lease terms create holdover tenancy situations that are harder to resolve. In Savannah's rental market, most annual leases run from August through July or January through December — be explicit about dates.

Rent amount, due date, and payment method Required

Specify the exact monthly rent amount, the date it is due (typically the 1st), acceptable payment methods (check, ACH, payment platform), and where or how payment should be delivered. Also specify whether partial payments are accepted — accepting partial rent in Georgia can complicate eviction proceedings if the tenant has unpaid balances, so many Savannah landlords explicitly state in the lease that partial payments are not accepted without written agreement.

Late fee policy Strongly recommended

Georgia has no statutory cap on residential late fees, but courts have found excessive fees to be unenforceable. A reasonable late fee — $50–$100 flat fee or 5–10% of monthly rent — stated clearly in the lease is both enforceable and practical. Specify exactly when the late fee triggers: if you include a grace period, tenants will rely on it as a right. If there is no grace period, state that explicitly. Whatever you specify is what courts will enforce.

Security deposit terms Required (if collecting a deposit)

The lease must specify the security deposit amount (maximum two months' rent under Georgia law as of July 2024), the conditions under which deductions may be made, and the process for return. The lease should reference the move-in checklist process and explain that the deposit will be held in an escrow account at a named institution. Do not commingle security deposit funds with operating income — this is both a legal violation and a practical risk.

Georgia security deposit law: OCGA § 44-7-30 through 44-7-37. Bank holding deposit must be disclosed in writing (§ 44-7-31).

Maintenance responsibilities Strongly recommended

Clearly define who is responsible for what. Georgia law requires landlords to maintain properties in habitable condition regardless of what the lease says, but the lease can specify that tenants are responsible for lawn care, pest control follow-up, HVAC filter replacement, and minor repairs up to a defined dollar amount. Be specific rather than vague — "tenant responsible for yard" invites disputes over what "yard" includes. In Savannah's older housing stock, specifying humidity management responsibilities (running exhaust fans, reporting moisture) can prevent mold disputes.

Pet policy Strongly recommended

State clearly whether pets are permitted, what types and sizes, what pet deposit or pet fee applies (note: pet deposits are separate from security deposits and not subject to the two-month security deposit cap), and what happens if an unauthorized pet is discovered. Savannah's rental market has significant pet owner demand — a clear pet policy either captures that demand appropriately or excludes it explicitly. Silence on the pet question is not a prohibition under Georgia law.

Subletting and unauthorized occupants Strongly recommended

Most Georgia residential leases prohibit subletting without written landlord approval. State this explicitly. Also address what constitutes an unauthorized occupant versus a guest — specify how many consecutive nights a guest may stay before they're considered an occupant, and what the tenant's obligation is to notify you of long-term guests. Savannah's proximity to SCAD and the tourism corridor creates specific risks of informal subletting, particularly on short-term rental platforms. If you're renting in an area where STR activity is possible, add a specific prohibition on short-term rental use of the property.

Early termination Recommended

Specify what happens if either party terminates the lease before the end of the fixed term. Georgia requires landlords to mitigate damages by making reasonable efforts to re-rent — you cannot simply hold a departing tenant liable for the full remaining lease term if you make no effort to re-rent. Establishing a contractual early termination fee (often one to two months' rent) provides a clear, predictable resolution that both parties understand at lease signing.

Security Deposit Rules — What Changed in 2024

Georgia's security deposit law (OCGA § 44-7-30 through 44-7-37) was updated effective July 1, 2024 — and Savannah landlords who haven't reviewed their practices since then need to do so. The most significant change: a statutory cap of two months' rent was enacted, limiting what landlords can collect as a security deposit regardless of what a lease might specify.

Georgia security deposit rules at a glance — 2026

Maximum deposit amount 2 months' rent (as of July 1, 2024)
Where funds must be held Escrow at state-chartered or federally regulated bank
Written notice of bank location required? Yes — must be provided to tenant (OCGA § 44-7-31)
Move-in damage checklist required? Yes — before collecting deposit (OCGA § 44-7-33)
Deadline to provide checklist after receiving deposit Within 3 business days
Return deadline after move-out 30 days
Itemized deduction statement required? Yes — if any portion is withheld (OCGA § 44-7-34)
Penalty for non-compliance Up to 3x damages + attorney's fees

The move-in checklist — the most overlooked requirement

The move-in damage checklist requirement is the step most Savannah landlords skip — and it's the one that creates the most legal exposure at move-out. Georgia law requires landlords to provide tenants with a comprehensive list of existing damage before collecting a security deposit. The tenant can review and annotate this list, and it becomes the baseline against which move-out condition is assessed.

Without a completed move-in checklist, a landlord has no documented evidence of what the property's condition was at the start of the tenancy. In a dispute over security deposit deductions, this absence of documentation consistently favors the tenant. Spend 30 minutes at move-in documenting every imperfection — photographs with timestamps, a signed checklist from both parties — and this investment protects the full deposit amount at move-out.

Triple damages for security deposit violations

Georgia landlords who fail to return the security deposit within 30 days, fail to provide an itemized deduction statement, or improperly commingle deposit funds face liability for three times the deposit amount plus the tenant's attorney's fees. On a $3,000 security deposit, non-compliance can result in a $9,000+ judgment before attorney's fees. The procedural requirements are straightforward — follow them precisely on every tenancy.

Mandatory Disclosures for Georgia Landlords

Georgia requires specific disclosures from landlords — some at the time of leasing, others upon request. Missing these creates legal exposure regardless of what the lease itself says.

Required disclosures

  • Landlord name and address — must be disclosed before or at lease signing; must be updated within 30 days of any change (OCGA § 44-7-3)
  • Security deposit bank location — written notice of the bank holding the deposit (OCGA § 44-7-31)
  • Move-in damage checklist — before collecting security deposit (OCGA § 44-7-33)
  • Lead-based paint hazards — federal requirement for all properties built before 1978; failure is a federal violation

Disclosures required if asked

  • Death on property — if a tenant asks directly, the landlord must answer honestly (OCGA § 44-7-1)
  • Disease on property — same standard as death; honest answer required if directly asked
  • Known material defects — Georgia's implied warranty of habitability means known defects that affect habitability should be disclosed and addressed
  • Mold history — while not explicitly required, disclosure of known mold issues is advisable to avoid liability

Lead-based paint — particularly relevant in Savannah

Savannah's housing stock includes a large number of properties built before 1978 — the threshold for federal lead-based paint disclosure requirements. This includes the majority of properties in the Historic District, Victorian District, and many older neighborhoods. If your rental property was built before 1978, federal law requires you to disclose any known lead-based paint hazards, provide tenants with the EPA's "Protect Your Family from Lead in Your Home" pamphlet, and include a lead-based paint disclosure addendum in the lease. Failure to do so is a federal violation subject to fines up to $19,507 per violation and triple damages in tenant lawsuits.

Habitability Standards — The Georgia Safe at Home Act

Georgia's Safe at Home Act established minimum habitability standards that landlords must maintain throughout the tenancy — not just at move-in. These standards are non-waivable, meaning a tenant cannot agree in a lease to accept a unit that doesn't meet these standards, and a lease clause purporting to waive them is unenforceable.

Required habitable conditions

  • Functioning heating and cooling systems
  • Working plumbing and hot water
  • Safe and functioning electrical systems
  • Weatherproofing — windows, doors, roof
  • Structural integrity
  • Pest control for infestations affecting habitability
  • Working smoke detectors
  • Access to sanitation facilities

Savannah-specific habitability considerations

  • HVAC is non-negotiable — a broken air conditioner in Savannah's summers is a habitability issue, not a convenience matter
  • Moisture and mold — coastal Georgia's humidity makes moisture intrusion a serious habitability concern; address promptly
  • Pest control — Savannah's climate sustains year-round pest activity; cockroach or rodent infestations affecting habitability require landlord action
  • Crawl space moisture — a common issue in older Savannah homes; standing water or significant mold in crawl spaces affects habitability

When a tenant notifies you of a habitability issue in writing, respond promptly. Georgia courts look at the timeline between tenant notification and landlord action when evaluating habitability claims. A documented prompt response — even if the repair takes time to schedule — is meaningfully different from silence or delay. DoorLoop and other property management tools used by Savannah property managers allow maintenance requests to be logged with timestamps that document this response pattern.

Landlord Entry Rights and Requirements

Georgia law gives landlords the right to enter rental properties for legitimate purposes — inspections, repairs, showing the unit to prospective tenants — but requires reasonable advance notice. The practical standard in Savannah is 24 hours, which should be stated explicitly in your lease.

  • Non-emergency entry requires advance notice. Give 24 hours' notice minimum. The notice can be written or verbal, but written notice (text, email, or posted notice) is better because it's documented. State in your lease that 24-hour notice is standard.
  • Emergency entry requires no advance notice. Genuine emergencies — a burst pipe, fire, reported gas leak — permit immediate entry. Document what constituted the emergency and what action was taken.
  • Frequency of inspections matters. Even with proper notice, excessive or harassing inspections can constitute constructive eviction or harassment. One or two inspections per year with proper notice is reasonable. Monthly inspections without cause are not.
  • Entry to show the unit. When the tenancy is ending and you're showing the unit to prospective tenants, include a provision in the lease allowing entry for showings with 24-hour notice during the final 60 days of the lease.
  • Never change the locks or remove belongings. Self-help eviction — changing locks, removing a tenant's belongings, shutting off utilities — is illegal in Georgia regardless of how badly the tenant has violated the lease. The only legal way to remove a tenant in Georgia is through the dispossessory process.

Rent Increases and Lease Renewals

Georgia has no rent control — state law actually prohibits local governments from enacting rent control ordinances, which means neither Savannah city nor Chatham County can cap rent increases. Landlords can raise rents to market rate on new leases and renewals, as frequently as they choose, as long as proper notice requirements are met.

The rules: for month-to-month tenancies and lease renewals, Georgia requires 60 days' written notice before a rent increase takes effect. During an active fixed-term lease, rent cannot be increased unless the lease specifically contains a clause allowing it. Rent increases cannot be implemented in retaliation against a tenant for exercising their legal rights (requesting repairs, contacting housing authorities).

Managing lease renewals in Savannah's current market

Savannah's rental market has seen consistent rent growth, and many landlords are navigating the balance between capturing market-rate increases and retaining quality long-term tenants. A tenant who has paid reliably for two years and maintained the property well is worth more than a marginal rent increase that triggers a vacancy, a turn, and the cost of finding a new tenant. Consider a modest renewal increase — 3–5% — for strong tenants, and reserve larger increases for troubled tenancies or properties significantly below market. The math of tenant retention almost always favors modest renewals over aggressive rent increases for good tenants.

Georgia Eviction Process — Dispossessory Basics

Georgia's eviction proceeding is called a "dispossessory." It is a court-supervised process — the only legal way to remove a tenant in Georgia — and must be followed precisely. Any deviation from the required process can result in the case being dismissed and the landlord having to restart from scratch.

Grounds for dispossessory in Georgia

Valid grounds

  • Non-payment of rent
  • Lease violation (with opportunity to cure depending on violation type)
  • Holding over after lease expiration
  • Criminal activity on the premises
  • Damage to property beyond normal wear and tear

Invalid grounds (discrimination)

  • Race, color, national origin, religion, sex
  • Familial status (having children)
  • Disability
  • Retaliation for tenant exercising legal rights
  • Source of income (Section 8 — note: Chatham County has additional protections)

The dispossessory process — Chatham County

  1. Demand for possession: Provide written demand for the tenant to pay or vacate. For non-payment, Georgia has no statutory notice period required before filing — but giving 3–7 days written notice before filing is standard practice and demonstrates good faith to the court.
  2. File dispossessory affidavit: File in Chatham County Magistrate Court at 133 Montgomery Street, Savannah. Filing fee is approximately $60–$85. State the grounds for dispossessory clearly and factually.
  3. Tenant is served: The court serves the tenant with notice of the dispossessory filing. The tenant has 7 days to file a written answer.
  4. No answer filed: If the tenant does not answer within 7 days, the landlord can request a writ of possession from the court clerk — typically issued within a few business days.
  5. Answer filed — hearing scheduled: If the tenant files an answer, a hearing is scheduled, typically 7–14 days after the answer. Bring all documentation: the lease, payment records, any communications, and the move-in checklist.
  6. Judgment and writ of possession: If the court finds in the landlord's favor, a writ of possession is issued. The Chatham County Marshal enforces the writ by removing the tenant and their belongings if they haven't vacated voluntarily.

The total timeline from filing to writ of possession in Chatham County typically runs 3–6 weeks depending on caseload and whether the tenant contests. During the process, the landlord cannot shut off utilities, change locks, or take any action to constructively evict the tenant.

Never attempt self-help eviction in Georgia

Changing locks, removing a tenant's belongings, shutting off utilities, or otherwise forcing a tenant out without a court order is illegal in Georgia regardless of how egregiously the tenant has violated the lease. Self-help eviction can result in the landlord being sued for three times the tenant's actual damages, attorney's fees, and significant court costs. Follow the dispossessory process — it typically takes less time than most landlords expect.

What You Cannot Put in a Georgia Lease

Georgia law prohibits certain lease provisions regardless of what both parties might agree to. These clauses are unenforceable even if signed — and including them can undermine the enforceability of the broader lease.

  • Waiver of habitability standards. A lease cannot require a tenant to accept a unit that doesn't meet Georgia's habitability requirements or waive the landlord's obligation to maintain habitable conditions.
  • Waiver of security deposit protections. A tenant cannot agree to waive the procedural protections of OCGA § 44-7-30 through 44-7-37 — the escrow requirement, the return timeline, and the itemization requirement are non-waivable.
  • Illegal late fees or penalties. Fees that are so excessive they function as penalties rather than liquidated damages are unenforceable under Georgia contract law.
  • Provisions allowing self-help eviction. A clause permitting the landlord to change locks, remove belongings, or cut utilities without a court order is unenforceable.
  • Discrimination-based provisions. Any provision that discriminates based on race, color, national origin, religion, sex, familial status, or disability violates the Fair Housing Act and is void. Facially neutral provisions that have discriminatory effect are equally prohibited.
  • Retaliation provisions. A lease cannot eliminate a tenant's right to contact government authorities about code violations or habitability issues, or provide for eviction as a consequence of doing so.

Savannah-Specific Lease Considerations

Beyond Georgia state law, Savannah landlords face a few local dynamics that should be reflected in their lease agreements.

Short-term rental prohibition clause

Savannah's STVR (short-term vacation rental) ordinance limits non-owner-occupied STVRs to a maximum of 20% of residential parcels per ward in the Historic and Victorian Districts, and requires an active city STVR certificate for any whole-unit rental of 30 days or less. If your rental property does not have an STVR certificate — which most long-term rental properties don't — your lease should include an explicit prohibition on tenants subletting the property on Airbnb, VRBO, or similar platforms, including renting individual rooms while they're away. This protects you from code enforcement actions and certificate complications that arise when tenants operate unauthorized STVRs.

Historic District preservation compliance

Properties in Savannah's Historic and Victorian Districts are subject to Historic Review Board oversight for exterior modifications. Your lease should specify that tenants may not make any exterior modifications — painting, additions, door or window replacements, HVAC placement — without written landlord approval, and that landlord approval requires Historic Review Board Certificate of Appropriateness for visible exterior changes. Unauthorized alterations to historic properties create compliance issues that can cost significantly more than the original alteration to remediate.

Coastal and flood zone disclosures

Properties in FEMA-designated flood zones — common in Savannah's islands and some waterfront areas — should disclose their flood zone status to tenants, particularly if the tenant will be responsible for renter's insurance (which typically doesn't cover flood damage). Tenants who discover mid-tenancy that a property is in a flood zone without prior disclosure may have grounds to claim material non-disclosure.

Humidity and moisture management

Savannah's subtropical humidity creates mold and moisture risks that are worth addressing explicitly in your lease. A clear clause specifying tenant responsibility to run exhaust fans after showers, report moisture intrusion or leaks promptly, maintain adequate ventilation, and not block vents or create conditions that promote mold growth — alongside a corresponding landlord obligation to respond to moisture reports promptly — creates shared accountability that reduces costly mold remediation disputes.

Property management in Savannah's market

Managing rental properties in Savannah across Chatham, Bryan, and Effingham Counties involves navigating Georgia state law, Savannah city ordinances, Chatham County regulations, and the practical realities of an older housing stock in a coastal climate. Bare Real Estate's property management services handle lease drafting, tenant screening, maintenance coordination, and compliance management for landlords who want professional oversight rather than day-to-day management. Contact our team to discuss how we manage rental properties across the Savannah metro.

This guide provides general information about Georgia landlord-tenant law as of May 2026 based on publicly available statutes and resources. It does not constitute legal advice. Landlord-tenant law is subject to change, and specific situations may require interpretation beyond what general information can provide. Consult a licensed Georgia real estate attorney for guidance specific to your property and tenancy situation. References to OCGA sections should be verified against current Georgia Code for the most recent text.

Frequently Asked Questions: Georgia Lease Agreements for Landlords

Does Georgia require a written lease agreement?

Georgia does not require a written lease for every tenancy — oral agreements are legally recognized, and OCGA Title 44, Chapter 7 grants both parties automatic rights and responsibilities if rent is accepted. However, a written lease is required to collect a security deposit. As a practical matter, every Savannah landlord should have a written lease for every tenancy — it's the only reliable evidence of what both parties agreed to, and courts default to tenant-favorable interpretations when key terms are undocumented.

What is the maximum security deposit in Georgia?

As of July 1, 2024, Georgia caps security deposits at a maximum of two months' rent (OCGA § 44-7-31). Before collecting any deposit, landlords must provide a move-in damage checklist within 3 business days (OCGA § 44-7-33). The deposit must be held in an escrow account at a state-chartered or federally regulated bank, and the landlord must provide the tenant with written notice of where the deposit is held. Deposits must be returned within 30 days of move-out; any withheld amounts require an itemized written statement. Non-compliance can result in triple damages plus attorney's fees.

How long does a Georgia landlord have to return a security deposit?

Georgia landlords must return security deposits within 30 days of the tenant's move-out date (OCGA § 44-7-34). If any portion is withheld, a detailed written statement itemizing every deduction must accompany the partial return. If a landlord made a good-faith effort to return the deposit but was unable to do so — for example, the tenant left no forwarding address — the landlord may retain the deposit after 90 days. Failure to return within 30 days without proper documentation exposes the landlord to triple damages plus attorney's fees.

What disclosures are required in a Georgia lease agreement?

Required Georgia landlord disclosures include: landlord name and address before or at lease signing, with updates within 30 days of any change (OCGA § 44-7-3); the bank name and location holding the security deposit (OCGA § 44-7-31); a move-in damage checklist before collecting a security deposit (OCGA § 44-7-33); and lead-based paint disclosures for all properties built before 1978 (federal requirement). If a tenant directly asks whether a death occurred on the property or whether a person with a reportable disease lived there, the landlord must answer honestly (OCGA § 44-7-1).

How much notice does a Georgia landlord need to enter a rental property?

Georgia law requires "reasonable notice" before non-emergency landlord entry, which courts and standard practice interpret as 24 hours. For genuine emergencies (burst pipe, fire, gas leak), entry without advance notice is permitted. Excessive or harassing inspections — even with notice — can constitute constructive eviction. Your lease should state the 24-hour notice standard explicitly. Never change locks or remove belongings to force a tenant out — self-help eviction is illegal in Georgia regardless of the tenant's behavior.

Can a Georgia landlord raise rent during a lease term?

No — a Georgia landlord cannot raise rent during an active fixed-term lease unless the lease contains an explicit provision allowing mid-term increases. For month-to-month tenancies and lease renewals, 60 days' written notice is required before an increase takes effect. Georgia has no rent control, and state law prohibits local governments including Savannah and Chatham County from enacting rent control ordinances. Rent increases cannot be used as retaliation against a tenant who exercised their legal rights.

What is Georgia's eviction process and how long does it take in Savannah?

Georgia's eviction proceeding is called a "dispossessory." For non-payment, landlords can file immediately in Chatham County Magistrate Court without a mandatory notice period. The tenant has 7 days to file a written answer. If they don't answer, a writ of possession can be requested immediately. If they do answer, a hearing is scheduled 7–14 days later. Total timeline from filing to writ of possession typically runs 3–6 weeks in Chatham County. Self-help eviction — changing locks, removing belongings, cutting utilities — is illegal in Georgia regardless of the lease violation and can result in significant landlord liability.

What is the Georgia Safe at Home Act and how does it affect Savannah landlords?

The Safe at Home Act established minimum habitability standards Georgia landlords must maintain throughout the tenancy. Required conditions include functioning heating and cooling, working plumbing and hot water, safe electrical systems, weatherproofing, structural integrity, pest control for infestations affecting habitability, and working smoke detectors. These standards are non-waivable — tenants cannot agree in a lease to accept a unit below these standards. For Savannah landlords, HVAC compliance is particularly critical — a non-functioning air conditioner in a Savannah summer is a habitability issue, not merely an inconvenience.

Can a Georgia landlord keep the security deposit if a tenant breaks the lease?

No — Georgia landlords cannot keep the entire security deposit simply because a tenant broke the lease. Deductions are limited to actual documented damages: unpaid rent, property damage beyond normal wear and tear, and reasonable re-letting costs. Georgia landlords have a duty to mitigate by making reasonable efforts to re-rent after a tenant vacates early — the departing tenant is only liable for the period the unit was actually vacant, not the full remaining term. Keeping the full deposit without itemized justification creates liability for triple damages plus attorney's fees.

What late fee provisions are allowed in Georgia residential leases?

Georgia has no statutory cap on residential late fees — landlords can set fees at whatever the lease specifies. However, courts have found excessive fees to be unenforceable as penalties rather than reasonable liquidated damages. A reasonable late fee — $50–$100 flat fee or 5–10% of monthly rent — is advisable. The amount and trigger date must be stated clearly in the written lease to be enforceable. If a grace period is included, tenants acquire it as a contractual right; if there is no grace period, state that explicitly.

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