Georgia Landlord-Tenant Law: What Cannot Be Included in a LeaseAgreement?

Georgia law gives landlords and tenants broad freedom to negotiate lease terms — but
that freedom stops where the law or public policy steps in. Certain clauses are
unenforceable or illegal under Georgia’s Residential Landlord and Tenant Act
(O.C.G.A. Title 44, Chapter 7) and related regulations.
Clauses That Cannot Be Included:
1. Waiving the Landlord’s Legal Duties
A lease cannot state that the landlord has no obligation to maintain or repair the property, or that the tenant accepts the unit “as is” with no habitability rights. Landlords must comply with state and local housing codes and keep premises safe and livable.
2. Ignoring Security-Deposit Laws
Provisions that say the landlord doesn’t have to follow Georgia’s security-deposit requirements — such as holding funds in escrow or providing an itemized list of deductions — are void (O.C.G.A. § 44-7-30 et seq.). The landlord cannot take more than two months rent for security deposit.
3. One-Sided Attorney-Fee or Waiver Clauses
A tenant cannot be forced to pay a landlord’s attorney fees “no matter what,” or waive rights to contest habitability or damages. Such terms are unfair and unenforceable.
4. Clauses That Override Georgia or Local Law
A lease cannot say that Georgia laws or city ordinances don’t apply. State and local housing codes govern by default and cannot be waived by contract.
5. Discriminatory or Unlawful Terms
Language restricting families with children, people with disabilities, or other protected groups violates the Georgia Fair Housing Act and federal Fair Housing Act.
6. Excessive or Unconscionable Fees
Georgia allows reasonable late fees and charges, but not punitive or extreme penalties that go beyond actual damages.
7. Indemnifying the Landlord’s Own Negligence
A tenant cannot be required to hold the landlord harmless for the landlord’s own failure to maintain the property or for negligence causing injury or damage.
For More Information on Georgia Landlord Tenant Laws:
Georgia Landlord Tenant Handbook