1. Lead-Based Paint Disclosure
If this property was built before 1978, the following applies:
- Month2Month will disclose any known lead-based paint or lead-based paint hazards in the property prior to lease execution.
- Month2Month will provide all available records and reports pertaining to lead-based paint in the property.
- The tenant will receive a copy of the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."
For more information: National Lead Information Center at 1-800-424-LEAD (5323) or www.epa.gov/lead.
2. Security Deposit
Deposit Amount
Georgia law does not impose a statutory cap on the amount of a security deposit. The security deposit amount for your rental unit is specified in your lease agreement.
Holding Requirements
Pursuant to O.C.G.A. §44-7-31, landlords who own more than ten rental units (either in their own name or through a management agent) must hold all security deposits in an escrow account established solely for that purpose at a bank or lending institution regulated by the State of Georgia or a federal agency. The account must be maintained in a federally insured financial institution.
Month2Month holds all security deposits in compliance with Georgia escrow requirements. Tenants may request in writing the name and address of the institution where the deposit is held and the amount of the deposit.
Move-In Inspection List
Pursuant to O.C.G.A. §44-7-33, within three business days of the tenant taking occupancy, the landlord must prepare a comprehensive list of any existing damage to the premises and provide the tenant with a copy signed by both parties. If the tenant refuses to sign, the landlord may note the refusal.
Permitted Uses
Your security deposit may be used for: unpaid rent; costs of repairing damage to the premises caused by the tenant beyond normal wear and tear; and other charges specified in the lease agreement.
Return of Deposit
Pursuant to O.C.G.A. §44-7-34, within 30 days after termination of the tenancy and the tenant's vacating the premises, Month2Month will return the security deposit to the tenant or provide a written statement of the reasons for retaining any portion of the deposit. The statement will include an itemized list of all deductions, and any remaining balance will be returned.
If Month2Month sells or transfers the property, the security deposit will be transferred to the new owner, and Month2Month will notify the tenant in writing of the transfer and the new owner's name and address.
Bad Faith Retention
Pursuant to O.C.G.A. §44-7-35, a landlord who in bad faith fails to return a security deposit or provide the required itemized statement may be liable to the tenant for three times the amount wrongfully withheld, plus reasonable attorney's fees.
Disputes
If you dispute any deduction from your security deposit, contact Month2Month in writing within 7 days. If the dispute cannot be resolved, you may file a claim in magistrate court (small claims court) in the county where the property is located.
3. Landlord Identity and Authorized Agent Disclosure
Pursuant to O.C.G.A. §44-7-3, the landlord or the landlord's authorized agent must disclose to the tenant in writing, at or before the beginning of the tenancy, the names and addresses of the owner of record of the rental property and the owner's authorized agent for purposes of service of process, receiving notices and demands, and performing the obligations of the landlord under the lease.
Pursuant to O.C.G.A. §44-7-32, the landlord must also disclose in the lease agreement or in a separate writing the name and address of the person authorized to manage the premises and the owner or person authorized to act on behalf of the owner for purposes of receiving and receipting for notices and demands.
Your lease agreement contains the specific owner information, property manager contact information, emergency maintenance contact, and the person authorized to receive service of process for your property. Month2Month serves as the property manager for all properties in our portfolio.
General Contact: [email protected]
4. Move-In / Move-Out Inspection
Georgia law requires the landlord to prepare a detailed list of existing damages to the rental property within three business days after the tenant takes occupancy. This list is critical because it establishes the baseline condition of the property and protects both the landlord and the tenant when the security deposit accounting occurs at the end of the lease.
Move-In Inspection Process
- Month2Month will conduct a thorough inspection and document the condition of all areas of the property, including walls, flooring, fixtures, appliances, and furnishings.
- The inspection will be documented in writing and supplemented with photographs.
- You will receive a copy of the move-in condition report within three business days of your occupancy.
- Both parties will sign the move-in condition report. If you disagree with any item, note your objection on the report before signing.
- If you refuse to sign, Month2Month will note the refusal on the report.
Move-Out Inspection
At the end of your tenancy, Month2Month will conduct a move-out inspection and compare the condition of the property against the move-in report. You are entitled to be present during the move-out inspection if you request it. Any damage beyond normal wear and tear will be documented and may result in deductions from your security deposit.
5. Flooding History Disclosure
Pursuant to O.C.G.A. §44-7-20, the landlord is required to disclose to the tenant in writing, prior to lease execution, whether the property or any portion of the property located in a ground floor or basement level has been flooded at least three times during the five-year period immediately preceding the execution of the lease. This disclosure obligation applies when the landlord has knowledge of such flooding.
If your property is located in a FEMA-designated special flood hazard area, or if it has experienced flooding as described above, this information will be disclosed in your lease agreement or a property-specific addendum.
For detailed flood zone information, visit the FEMA Flood Map Service Center at https://msc.fema.gov/portal.
6. Mold Disclosure
While Georgia does not have a specific statute requiring mold disclosure, Month2Month discloses the following information as a best practice to protect tenant health and safety.
Mold can cause health problems, especially for people with allergies, asthma, or weakened immune systems. You have a right to know about mold in your rental unit and how to prevent it.
Month2Month is not aware of any mold in the rental property that exceeds permissible exposure limits or poses a health threat at the time of your lease. If mold is discovered during your tenancy, Month2Month will take appropriate remediation action.
Tenant Responsibilities to Prevent Mold
- Ventilate your home: Open windows regularly, use exhaust fans in bathrooms and kitchens, and ensure air circulation.
- Control moisture: Wipe up spills and leaks immediately, do not let water accumulate, and report any leaks or water damage to Month2Month immediately.
- Use heating and air conditioning: Maintain reasonable temperatures and use climate control systems to reduce humidity.
- Clean regularly: Regular cleaning prevents mold from establishing itself.
- Report problems immediately: If you see mold, smell musty odors, or notice water damage, report it to Month2Month right away.
Under Georgia's implied warranty of habitability (recognized through case law and local housing codes), landlords are required to maintain rental properties in habitable condition. If mold develops due to landlord negligence (such as failure to repair leaks), the landlord is responsible for remediation.
7. Bed Bug Disclosure
While Georgia does not have a specific statute mandating bed bug disclosure, Month2Month provides the following information as a best practice.
Identification
Bed bugs have six legs and flat bodies about 1/4 inch long, ranging from red-brown to copper colored. They do not fly but move quickly over surfaces. They hide in mattress seams, box springs, bed frames, headboards, furniture crevices, baseboards, and wall cracks. They feed on human blood at night.
Signs of Infestation
Look for small blood stains on sheets, dark spots (excrement) on mattresses or walls, shed skins, and a sweet musty odor. Bites may appear as red, itchy welts in a line or cluster, though some people do not react.
Prevention
- Inspect your mattress, box spring, and bed frame regularly.
- When traveling, inspect hotel rooms and luggage before returning home.
- Do not bring used mattresses or upholstered furniture into the home without thorough inspection.
- Reduce clutter to eliminate hiding places.
Month2Month has no knowledge of any bed bug infestation in your specific rental unit. If Month2Month becomes aware of bed bug infestation during your tenancy, you will be notified immediately, and professional treatment will be arranged.
8. Smoke Detectors
All Month2Month rental properties are equipped with operable smoke detectors installed in compliance with Georgia law and local building codes. Pursuant to O.C.G.A. §25-2-40, the property owner is responsible for supplying and installing smoke detectors in residential rental properties.
Installation Locations
Smoke detectors are installed in each sleeping room, outside each sleeping area in the immediate vicinity of the bedrooms, and on every level of the dwelling, including basements. For properties with fuel-burning appliances, carbon monoxide detectors are also provided as a best practice.
Tenant Responsibilities
- Do not disable, disconnect, cover, or tamper with any smoke detector or carbon monoxide detector.
- Test all devices monthly by pressing the test button.
- Report immediately if any device is chirping, not functioning, or missing.
- Do not remove batteries.
- Pursuant to Georgia law, tenants are responsible for maintaining smoke detectors in operable condition, including battery replacement, after the landlord has provided and installed the detectors.
Month2Month is responsible for ensuring all devices are operable at the beginning of each tenancy. Month2Month will replace smoke detectors that reach end-of-life or become defective through normal use.
9. Nonresident Property Owner Agent Requirement
Pursuant to O.C.G.A. §44-7-71, if the owner of a rental property is a nonresident of the State of Georgia, the owner must appoint an agent who is a resident of the county in which the property is located, or who is a resident of an adjoining county, for the purpose of receiving service of process, managing the property, and acting on the owner's behalf regarding the lease.
For all Month2Month properties where the owner is a nonresident of Georgia, Month2Month or its designated local representative serves as the authorized agent for service of process and property management purposes. The agent information is disclosed in your lease agreement.
10. Stormwater Utility Fees
Many Georgia municipalities and counties impose stormwater utility fees on property owners. These fees fund local stormwater management, drainage infrastructure, and water quality programs. The fees are typically based on the amount of impervious surface (rooftops, driveways, parking areas) on the property.
If your property is located in a jurisdiction that assesses stormwater utility fees, your lease agreement will specify whether these fees are the responsibility of the landlord or the tenant, and how they are billed.
Month2Month will disclose any applicable stormwater utility fees in your lease agreement, including the amount, frequency of billing, and responsible party.
11. Domestic Violence Protections
Right to Request Lock Changes
Pursuant to O.C.G.A. §44-7-23, a tenant who is a victim of family violence and has obtained a temporary protective order (TPO) or permanent protective order may request that the landlord change the locks to the dwelling unit. The landlord must comply within a reasonable time after receiving the request accompanied by a copy of the protective order.
Family Violence Protections
Under Georgia's Family Violence Act (O.C.G.A. §19-13-1 et seq.), individuals who are victims of family violence may seek protective orders through the courts. Georgia law prohibits landlords from penalizing tenants for calling law enforcement or emergency services in response to a domestic violence incident at the property.
Early Lease Termination
While Georgia does not have a specific statute allowing early lease termination for domestic violence victims, tenants who have obtained a protective order and need to relocate for safety reasons should contact Month2Month to discuss available options. Month2Month will work with victims to find reasonable solutions.
Confidentiality
Month2Month will maintain the confidentiality of any information provided by a tenant who is a victim of family violence. Documentation provided will be kept in a secure file and will not be disclosed to third parties except as required by law.
Resources
- National Domestic Violence Hotline: 1-800-799-7233 (TTY: 1-800-787-3224)
- Georgia Commission on Family Violence: www.gcfv.georgia.gov
- Georgia Legal Aid: www.georgialegalaid.org
- Georgia Crisis & Access Line: 1-800-715-4225
12. Furnished Property Disclosure
All Month2Month rental properties are provided fully furnished. All furniture, appliances, fixtures, and household items in the property are the property of Month2Month or the property owner and are provided for your use during the term of your lease.
Your Responsibilities
- Maintain all furnished items in the same condition as received, allowing for ordinary wear and tear.
- Use all items for their intended purpose only.
- Do not remove any furnished items from the property.
- Report any damage to furnished items within 48 hours of discovery.
- Do not repair or replace items yourself without prior written approval.
Damage vs. Normal Wear and Tear
| Normal Wear and Tear (Not Chargeable) | Damage (Chargeable to Tenant) |
|---|---|
| Minor scuffs on furniture | Broken furniture legs, arms, or frames |
| Slight fading of upholstery | Stains, tears, or burns on upholstery |
| Minor mattress indentation from normal use | Mattress stains, tears, or structural damage |
| Light scratches on hard floors | Deep gouges, water damage, or burns on flooring |
| Normal appliance wear (cosmetic marks) | Appliance malfunction due to misuse or neglect |
| Gradual thinning of towels and linens | Bleach stains, tears, or missing linens |
| Normal dulling of kitchen knives | Missing, broken, or chipped dishes/cookware |
| Loose doorknobs from use | Holes in walls, broken blinds, damaged doors |
Replacement Responsibility
- Tenant-caused damage: Tenant is responsible for the cost of repair or replacement (at depreciated value) of items damaged beyond normal wear and tear. Costs may be deducted from the security deposit.
- Missing items: Tenant is responsible for full replacement cost.
- Normal wear items: Month2Month replaces items that reach end-of-life through normal use.
- Appliance malfunction: If an appliance fails due to normal use or age, Month2Month is responsible for repair or replacement.
Cleaning Standards
The property must be returned in the same level of cleanliness as at move-in. Maintain the kitchen, bathrooms, floors, furniture, and linens in clean condition throughout your tenancy. If professional cleaning is required beyond what is attributable to normal wear and tear, cleaning costs may be deducted from the security deposit.
Inventory
A detailed furniture and household inventory checklist will be provided at move-in. Month2Month will document the condition of all items through photography. You will receive a copy of the move-in condition report.
13. Tenant Rights and Responsibilities
Your Rights
- Habitable Housing: Your rental unit must be fit for human habitation at the beginning of the tenancy. Georgia courts have recognized an implied warranty of habitability requiring that the premises be safe, sanitary, and in a reasonable state of repair.
- Repairs: You have the right to request repairs for conditions that render the property uninhabitable or dangerous. If the landlord fails to make necessary repairs within a reasonable time after written notice, you may have remedies available under Georgia law including lease termination or rent abatement as determined by a court.
- Security Deposit Protection: Your deposit must be held in an escrow account (for landlords with more than 10 units), and you are entitled to a move-in inspection list, itemized deductions, and return of the deposit within 30 days. (O.C.G.A. §§44-7-30 through 44-7-37)
- Freedom from Discrimination: You cannot be discriminated against based on race, color, religion, sex, national origin, disability, familial status, or any other protected class under the federal Fair Housing Act (42 U.S.C. §3604) and Georgia Fair Housing Law (O.C.G.A. §8-3-200 et seq.).
- Freedom from Retaliation: Your landlord cannot retaliate against you for reporting code violations, exercising legal rights, or joining a tenant organization. Retaliatory eviction is prohibited under Georgia case law.
- Notice Before Entry: While Georgia does not have a specific statute prescribing advance notice requirements for landlord entry, Month2Month will provide at least 24 hours' notice before entering your unit (except in emergencies) as a matter of policy and as specified in your lease agreement.
- Protection from Unlawful Eviction: Your landlord must follow proper legal procedures through the courts and cannot use "self-help" eviction methods such as changing locks, shutting off utilities, or removing your belongings. (O.C.G.A. §44-7-14.1)
- Reasonable Accommodations: Under the federal Fair Housing Act, tenants with disabilities have the right to request reasonable accommodations and reasonable modifications to enable equal enjoyment of the rental property.
Your Responsibilities
- Pay rent in full and on time.
- Keep the unit clean and sanitary.
- Avoid damaging the property beyond normal wear and tear.
- Promptly report maintenance issues, leaks, mold, pests, or safety hazards.
- Allow reasonable access for repairs and inspections with proper notice.
- Comply with all lease terms including occupancy limits, pet policies, and use restrictions.
- Avoid creating nuisances or disturbing other residents.
- Provide proper notice before moving out and return the property in clean condition.
- Maintain smoke detectors in operable condition, including battery replacement.
Georgia Eviction Process
Georgia law requires the landlord to follow specific legal procedures to evict a tenant. A landlord may not engage in "self-help" evictions. The process includes:
- Written notice or demand for possession as required by the lease or by law.
- Filing a dispossessory affidavit in the magistrate court of the county where the property is located.
- Service of the dispossessory warrant on the tenant, who then has seven days to answer.
- A court hearing if the tenant answers and contests the eviction.
- A writ of possession issued by the court if the landlord prevails.
Resources
- Georgia Department of Community Affairs: www.dca.ga.gov
- Georgia Legal Aid: www.georgialegalaid.org
- Atlanta Legal Aid Society: www.atlantalegalaid.org
- Domestic Violence Hotline: 1-800-799-7233
- Fair Housing Hotline (HUD): 1-800-669-9777