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the property in writing separatefrom the federally required written notice of lease termination

but the demand and termination notice can be delivered at the same time.

LEASES AND RENTAL AGREEMENTS

What is a lease and why is it important?

A lease is a contract between the landlord nd the tenant. The lease sets forth the rights

and responsibilities of both the lndlord and the tenant. The lease allows te tenant to occupy

and use, for a specific period of time, land and ehbuildings on the land. In return, the tenant

pays a specified rent. The lease may set fortother duties and responsi ilities of the landlord

and tenant. Once the parties sign t e lease both are boundby its terms. Landlords should select

their leases with care. Beforeselecting a lease, a landlord may wish to consult with an attorney

who regularly handles landlord and tenant matter.s Georgia law (O.C.G.A. § 44-7-2) prohibits

leases for residential dwellings from containing language which

  • Seeks to waive, assign, transfer, or otherwise weaken the landlord’s legal responsibility to keep the rental property in good repair or lessen his responsibility for any damages caused by his failure to keep the property in good repair;

  • Attempts to avoid having the property comply with local ordinances;

  • Seeks to exempt the landlord from complying with the Georgia Security Deposit Act;

  • Would allow the landlord to regain possession of the property without first going through court, as is legally required; or

  • Requires the tenant to pay the landlord’s attorney fees caused by the tenant’s breach of the lease unless the lease also requires the landlord to pay the tenant’s attorney fees caused by the landlord’s breach of the lease.

A lease that contains the above-pr hibited language is still a validlease but the prohibited lease

language is void and unenforceable.

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