Lease Agreement
Create a Georgia-compliant lease agreement for your doula practice. Specialized terms for prenatal clinics and birth centers under O.C.G.A. § 13-5-30.
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Running a doula practice in Georgia requires more than just a place to store birth balls and lactation supplies; you need a legal framework that distinguishes your non-medical support from healthcare... Read more
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Customize your Lease Agreement
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Legal Document
This Lease Agreement ("Agreement") is entered into as of [lease_start_date], by and between [landlord_name] ("Landlord") and [tenant_name] ("Tenant"). Landlord and Tenant may each be referred to herein individually as a "Party" and collectively as the "Parties."
WHEREAS, Landlord is the owner of certain real property and improvements located at [property_address] (the "Premises"); and
WHEREAS, Tenant desires to lease the Premises from Landlord, and Landlord desires to lease the Premises to Tenant, subject to the terms and conditions set forth herein.
Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the property located at [property_address] (the "Premises"), together with all appurtenances, fixtures, and improvements thereon, for the purposes and upon the terms and conditions hereinafter set forth.
The term of this Agreement shall commence on [lease_start_date] (the "Commencement Date") and shall continue through [lease_end_date] (the "Expiration Date"), unless sooner terminated in accordance with the provisions of this Agreement. Upon expiration of the initial term, this Agreement shall convert to a month-to-month tenancy under the same terms and conditions, unless either Party provides written notice of termination at least thirty (30) days prior to the end of any monthly period.
Tenant agrees to pay Landlord a monthly rent of [monthly_rent] (the "Rent"), due and payable on the first (1st) day of each calendar month during the term of this Agreement. Rent shall be paid to Landlord at such address or by such method as Landlord may designate in writing from time to time. If the Commencement Date falls on a day other than the first day of a calendar month, Rent for the first partial month shall be prorated on a daily basis and shall be due on the Commencement Date.
Upon execution of this Agreement, Tenant shall deposit with Landlord the sum of [security_deposit] as a security deposit (the "Security Deposit"). The Security Deposit shall be held by Landlord as security for the faithful performance by Tenant of all terms, covenants, and conditions of this Agreement. The Security Deposit shall not be applied by Tenant as payment of Rent or any other obligation during the term of this Agreement. Landlord shall return the Security Deposit to Tenant within thirty (30) days after the termination of this Agreement and Tenant's complete vacation of the Premises, less any amounts deducted for: (a) unpaid Rent or other charges owed under this Agreement; (b) the cost of repairing damage to the Premises caused by Tenant or Tenant's guests, beyond normal wear and tear; (c) cleaning costs necessary to restore the Premises to the condition existing at the Commencement Date, less normal wear and tear; and (d) any other amounts permitted by applicable law. Landlord shall provide Tenant with an itemized written statement of any deductions from the Security Deposit within the time period required by the laws of the state of [state_law].
If Rent is not received by Landlord on or before the fifth (5th) day of the month in which it is due, Tenant shall pay a late fee of [late_fee] in addition to the Rent then owing. The Parties agree that this late fee represents a fair and reasonable estimate of the costs Landlord will incur by reason of Tenant's late payment. Acceptance of a late fee shall not constitute a waiver of Tenant's default with respect to the overdue Rent, nor shall it prevent Landlord from exercising any other rights or remedies available under this Agreement or applicable law.
Tenant shall use and occupy the Premises in compliance with all applicable federal, state, and local laws, regulations, and ordinances. Tenant shall not use the Premises for any unlawful purpose or in any manner that would constitute a nuisance, annoyance, or inconvenience to Landlord or to any neighboring property owner or occupant. Tenant shall not make or permit any use of the Premises that would void or make voidable any insurance policy covering the Premises or that would increase the premium for any such policy.
Tenant shall maintain the Premises in a clean, sanitary, and good condition throughout the term of this Agreement. Tenant shall promptly notify Landlord in writing of any damage to or defective condition in any part of the Premises, including the building systems and equipment.
Unless otherwise agreed in writing, Tenant shall be responsible for the payment of all utility services provided to the Premises, including but not limited to electricity, gas, water, sewer, trash removal, internet, and telephone services. Tenant shall arrange for the transfer of all utility accounts into Tenant's name as of the Commencement Date.
Tenant shall, at Tenant's sole cost and expense, obtain and maintain throughout the term of this Agreement a policy of general liability insurance with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate, naming Landlord as an additional insured. Tenant shall provide Landlord with a certificate of insurance evidencing such coverage prior to the Commencement Date and upon each renewal thereof.
The occurrence of any of the following shall constitute a material default and breach of this Agreement by Tenant: (a) failure to pay Rent or any other sum due under this Agreement within ten (10) days after written notice of such failure; (b) failure to perform any other obligation under this Agreement within thirty (30) days after written notice of such failure, or if such failure cannot reasonably be cured within thirty (30) days, failure to commence cure within such period and diligently pursue the same to completion; (c) abandonment of the Premises; (d) filing of a petition in bankruptcy by or against Tenant, or Tenant's assignment for the benefit of creditors. Upon the occurrence of any default, Landlord may, at Landlord's option and without further notice, pursue any one or more of the following remedies: (i) terminate this Agreement by written notice to Tenant, whereupon Tenant shall immediately surrender the Premises to Landlord; (ii) re-enter and take possession of the Premises, with or without terminating this Agreement; (iii) recover from Tenant all damages incurred by Landlord by reason of Tenant's default, including but not limited to the cost of recovering the Premises, unpaid Rent, and any other amounts due under this Agreement. All remedies available to Landlord under this Agreement or at law or in equity shall be cumulative and concurrent.
This Agreement may be terminated prior to the Expiration Date under the following circumstances: (a) by mutual written agreement of the Parties; (b) by Landlord upon a material default by Tenant as provided in this Agreement; (c) by Tenant upon a material default by Landlord that remains uncured for thirty (30) days after written notice thereof; or (d) if the Premises are destroyed or rendered substantially uninhabitable by fire, flood, or other casualty not caused by the negligence or willful misconduct of Tenant. Upon termination, Tenant shall vacate the Premises, remove all personal property, and return all keys and access devices to Landlord. Tenant shall leave the Premises in the same condition as received, reasonable wear and tear excepted.
This Agreement shall be governed by and construed in accordance with the laws of the State of [state_law], without regard to its conflict of law principles. Any dispute arising out of or relating to this Agreement shall be resolved in the courts of competent jurisdiction located in the State of [state_law]. The prevailing Party in any legal action or proceeding arising under this Agreement shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing Party.
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, commitments, offers, contracts, and writings, whether written or oral, with respect thereto. No amendment or modification of this Agreement shall be valid or binding unless set forth in writing and signed by both Parties. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The waiver by either Party of any breach or default shall not constitute a waiver of any subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, successors, and permitted assigns. Tenant shall not assign this Agreement or sublet the Premises, or any part thereof, without the prior written consent of Landlord. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when personally delivered, sent by certified mail (return receipt requested), or sent by nationally recognized overnight courier to the Parties at their respective addresses set forth herein.
The Tenant acknowledges and agrees that the Premises shall be used solely for non-medical doula support services, including but not limited to birth planning, postpartum support, and lactation education. In accordance with Georgia's professional boundary standards, the Tenant shall not perform medical procedures, provide medical diagnoses, or prescribe medication on the Premises. Any violation that invites claims of 'unauthorized practice of medicine' shall be a material breach of this Lease, and Tenant agrees to indemnify Landlord against any actions brought under the Georgia Fair Business Practices Act arising from Tenant's professional conduct.
Pursuant to the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.), the parties agree that any limitations on the Tenant's ability to practice as a doula within a specific geographic radius of the Premises upon termination of this lease must be reasonable in duration, territory, and scope. Any non-compete clause found to be overbroad under Georgia law shall be severed or modified by a court of competent jurisdiction to ensure the Tenant's right to provide essential birth support services is protected.
The Tenant maintains full responsibility for the nature of the labor support and birth outcomes associated with their practice. Landlord assumes no liability for the medical or physical outcomes of the Tenant's clients. Tenant shall maintain professional liability insurance and shall provide a waiver of subrogation in favor of the Landlord. This clause serves as a specific disclaimer that the Landlord is not a provider of healthcare services, even if the Tenant's business name implies clinical association.
[permitted practice scope]
IN WITNESS WHEREOF, the Parties have executed this Lease Agreement as of the date first written above.
Landlord
Name: Landlord
Date: ___________________
Tenant
Name: Tenant
Date: ___________________
Running a doula practice in Georgia requires more than just a place to store birth balls and lactation supplies; you need a legal framework that distinguishes your non-medical support from healthcare services. This lease agreement is specifically designed to protect doulas from medical liability while ensuring compliance with Georgia-specific standards, such as the Fair Business Practices Act and the Georgia Statute of Frauds. By defining the 'use of premises' strictly for prenatal and postpartum support, you mitigate the risk of unauthorized medical practice claims and secure your on-call accessibility.
Beyond the standard lease agreement sections, this template adds fields specific to Doula:
A lease agreement serves as a legally binding contract that outlines the rights and responsibilities of both a landlord and tenant when a property is being rented. Its core purpose is to safeguard both parties' interests by clearly defining all terms related to the tenancy, including payment obligations, property use, and duration of the agreement.
Birth Outcome Liability
Include disclaimers in contracts that clarify the doula's role as non-medical and state explicitly that birth outcomes cannot be guaranteed.
Scope of Practice Violations
Draft clear scope of service documents that delineate non-medical support functions to avoid accusations of unauthorized medical practice.
Medical Advice Boundaries
Explicit contractual terms prohibiting the provision of medical advice and adherence to guidelines that require referral to medical professionals for medical issues.
For this lease agreement to be legally valid:
Common mistakes to avoid:
State Regulations
The regulation of doulas is predominantly at the state level. Few states, such as Oregon and Minnesota, have voluntary doula certification programs. These programs often provide guidelines on practice standards and client collaboration.
Enforced by State Health Departments
HIPAA (Health Insurance Portability and Accountability Act)
While doulas are not typically covered entities under HIPAA, those who work within or have affiliations to healthcare systems may need to adhere to HIPAA standards to ensure the protection of client privacy and medical information.
Enforced by U.S. Department of Health and Human Services, Office for Civil Rights (HHS OCR)
Recommended coverage: Professional Liability Insurance (Errors & Omissions) · General Liability Insurance
This depends on the 'Use of Premises' clause and local zoning. In Georgia, unauthorized medical practice is strictly regulated; unless your space is licensed as a birth center, the lease should explicitly state the space is for non-medical prenatal and postpartum support to avoid liability under the Georgia Fair Business Practices Act.
Under O.C.G.A. § 13-5-30 (Georgia's Statute of Frauds), any lease agreement intended to last longer than one year must be in writing and signed to be enforceable in a court of law.
While O.C.G.A. § 34-7-1 establishes at-will employment, it does not apply to commercial leases. Your lease is a fixed contract. However, ensure your lease doesn't contain overly restrictive covenants that violate the Georgia Restrictive Covenants Act if you plan to sublet to other birth workers.
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