Georgia Commercial Lease Agreement Template
A Georgia Commercial Lease Agreement is a legal contact that sets out the terms of an agreement between tenant and landlord.
This type of agreement is used when renting non-residential, commercial properties, such as stores, office space, and warehouses.
In Georgia, most leases under five years create what’s called a “usufruct.” This means the tenant can use the property but doesn’t gain ownership rights.
Required Disclosures in Georgia Commercial Lease Agreements
Under Georgia law, landlords are required to include certain disclosures in the Commercial Lease Agreement:
| Disclosure | Description | Law / Reference |
|---|---|---|
| Owner/Agent Identity & Address | The landlord or authorized agent must provide the tenant with the identity and address of the property owner and the person who manages the property. This must be shared in writing before the lease begins and should be included in the lease. | O.C.G.A. § 44-7-3 |
| Hazardous Materials & Environmental Conditions | Under federal law, property owners have to disclose if there is any known contamination or hazardous materials present on the property under certain transactions, especially if the tenant's business could be affected. | Federal environmental laws (CERCLA / EPCRA) |
| ADA Details | Both the tenant and landlord should be aware that the space must comply with the Americans with Disabilities Act. Many leases include a clause stating which of the parties is responsible for guaranteeing compliance. | Americans with Disabilities Act |
Georgia Commercial Lease Agreement Security Deposit Details
Georgia law does not specify any rules regarding security deposits for commercial properties.
You should clearly include the following details in your Lease to make sure both parties are on the same page and in agreement:
- Security deposit amount
- Where it’s held
- Deduction details (e.g. unpaid rent, damages)
- When It will be returned
Georgia Commercial Lease Agreement Grace Periods
There are no statutes that set a specific rental grace period in Georgia. You should set out this clause in the lease agreement. Similarly, there are no laws regarding a cap on late fees. However, if these are not reasonable, they could be considered unenforceable penalties.
Helpful Resources
Here are a couple helpful pages to learn more renting out commercial property in Georgia: