Georgia tenant repair rights

The landlord's duty

The landlord must keep the premises in repair, and for leases signed or renewed on or after July 1, 2024 (Safe at Home Act), every residential lease is deemed to include a promise that the home is fit for human habitation. The landlord must maintain the building structure, keep electric, heating, cooling and plumbing working, and use ordinary care to keep the unit safe. Unless the lease says otherwise, the landlord does not have to fix problems that were obvious at move-in (unless they make the unit unsafe or uninhabitable), clean carpets, or supply appliances it did not provide. O.C.G.A. § 44-7-13.

How to ask for repairs

Give the landlord prompt notice of the problem, in writing and following any notice rules in your lease. The landlord must repair within a reasonable time (depends on how serious the problem is). If not, you can sue for damages, raise the problem as a counterclaim in an eviction, repair-and-deduct, or call your local housing code inspector.

Repair and deduct

Allowed under Georgia case law, as described in the state handbook: notify the landlord in writing first, give a reasonable time, have a qualified licensed professional do the repair at a reasonable cost, keep estimates and receipts, and subtract the cost from the next rent. Not for common areas. The landlord may dispute whether the repair was needed or the cost was reasonable.

Withholding rent

Not allowed. Keep paying rent even if the landlord does not repair; if you stop paying, the landlord can start an eviction. In rare cases of 'constructive eviction' (the home becomes unfit and you move out), you do not owe further rent.

Law

O.C.G.A. § 44-7-13

No statute. The lease decides when and how the landlord may enter. If the lease does not give the landlord a right to enter, you can refuse entry except in an emergency. (Georgia Landlord-Tenant Handbook.)

The landlord may not retaliate because you asked for repairs, organized or joined a tenant group about health or safety, filed a good-faith code complaint with a government agency, or tried to enforce your rights under the lease or law. If within 3 months the landlord files an eviction, cuts off access, reduces services, raises rent, ends the lease, or materially interferes with your rights, retaliation is presumed unless the landlord shows a lawful reason. Remedy: one month's rent plus $500, court costs and possibly attorney fees, minus any amount you owe. Evictions for unpaid rent, serious misconduct or holding over are allowed. O.C.G.A. § 44-7-24.