Georgia Tenant Right to Repairs Tip Sheet

Our Georgia Tenant Right to Repairs Tip Sheet has everything you need to know about your right to repairs as a Georgia tenant. Knowing your tenant rights is one of the best ways to protect you and your family from an unscrupulous landlord. Because a lot of landlords – especially the big ones that are funded by Wall Street – are actually slumlords, it is important that you let them know you understand and are ready to use your tenant rights. To help you do this, we are giving you state specific Tenant Tip Sheets that break down the most important parts of your state’s landlord-tenant statute or code. Today’s post is for the state of Georgia. Even if you don’t live in Georgia, you might find things that can be useful to you. Check out our earlier posts to see if we’ve already done a Tenant Tip Sheet for your state. If we haven’t gotten to your state yet and you’d like to move your state up in the process, let us know by leaving a comment with your city and state. Next up – Illinois!

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GEORGIA TIP SHEET

TENANT RIGHT TO REPAIRS

MOVE-IN INSPECTION AND DAMAGE LIST

Any Georgia landlord that owns more than ten rental units or that employs a property management agent is required to have a formal move-in inspection with the tenant present. The purpose of the inspection is to allow the tenant and landlord to agree on existing damage to the property so that any tenant-caused damage can be easily determined at move-out. Any Georgia landlord required to do the move-in inspection must also give the tenant a complete list of the existing damage before accepting the security deposit AND must allow the tenant to inspect the property to make sure that the list is accurate. Landlord and tenant must both sign the list. If a tenant sees that there are things that require repair during the move-in inspection, it is important to get the landlord to put the agreement to repair those things in writing.

LANDLORD REPAIR OBLIGATIONS

In the state of Georgia:

  • A landlord must keep the property in repair and shall be liable for all substantial improvements placed upon the premises by his consent.
    • This means that the landlord must:
      • Maintain the building structure;
      • Keep electric, HVAC, and plumbing systems in working order; and
      • Exercise ordinary care to keep the property safe for tenants

GA Code § 44-7-13 https://law.justia.com/codes/georgia/2018/title-44/chapter-7/article-1/section-44-7-13/

  • Landlords must comply with the standards contained in local, county, and city housing codes.
  • A landlord may not assign, transfer, or otherwise avoid its duty or obligation to make repairs.
  • The landlord’s duty to repair does not apply to damages caused by the tenant or tenant’s guests or invitees.

GA Code § 44-7-2 https://law.justia.com/codes/georgia/2018/title-44/chapter-7/article-1/section-44-7-14/

TENANT REMEDIES

If a landlord fails to make necessary repairs in a reasonable period of time after receiving written notice from the tenant, the tenant may take the following actions:

  • File a lawsuit against the landlord – A tenant can sue the landlord for damages caused by the failure to repair or, if the landlord sues the tenant, the tenant can make a counterclaim for damages resulting from the landlord’s failure to repair.
  • Report problem to Code Enforcement – Contact the local, city, or county code enforcement department and file a report against the landlord for failing to make repairs in a reasonable period of time after receiving written notice.
  • Repair-and-deduct – If the landlord received written notice from the tenant and did not make the needed repairs in a reasonable amount of time, the tenant can have the repair made by a licensed repairperson and then deduct the reasonable cost paid for the repair from the next month’s rent. In order to successfully use the repair-and-deduct remedy, there are several things the tenant must do including:
    • Before arranging for the repair to be made, send a second written notice to the landlord clearly letting them know that the tenant intends to use their right to repair-and-deduct if the landlord does not fix the problem
    • Take detailed pictures of the condition to be repaired
    • Get multiple estimates from licensed repair professionals and keep copies of all estimates
    • Get a detailed statement of the work performed and exactly what was fixed from the licensed repair professional who makes the repair. This statement must be provided to the landlord.
    • When the next month’s rent is due, pay the rent and deduct ONLY the cost of the repair.

Georgia Landlord-Tenant Handbook https://www.dca.ga.gov/node/2945

 

TENANT OBLIGATIONS

The Georgia Code does not appear to contain any specific tenant obligations. This does not mean that the tenant obligation free. Rather, the tenant has to look to the lease and local, county, and city housing codes to determine what their obligations are.  Tenants are generally required to:

  • Keep the property safe and sanitary
  • Give the landlord written notice of any repairs that are needed and for which the landlord is responsible
  • Dispose garbage and other waste in a clean, safe, and sanitary manner
  • Keep plumbing fixtures as clean as their condition permits
  • Use and operate all electrical and plumbing fixtures properly
  • Comply with the requirements applicable state and local housing, health, and safety codes impose on tenants
  • Not intentionally or negligently destroy, deface, damage, or remove any fixture, appliance, or other part of the property and forbid others from destroying or damaging the property
  • Honor any written lease provision that requires the tenant to maintain in good working order any range, refrigerator, washer, dryer, dishwasher, or other appliance supplied by the landlord
  • Give landlord reasonable access to enter the property to inspect it, make repairs or improvements, supply necessary or agreed upon services, or show the property

 

WRITTEN NOTICE

The Georgia Code is fairly vague and does not contain much specificity as to a landlord’s duties and obligations. One thing not addressed by the Code is whether Georgia landlords have an obligation to maintain the property. While the Georgia landlord-tenant code is silent on this, Georgia courts have issued rulings that indicate that landlords do NOT have a duty or obligation to maintain properties that they lease. This means that it is very important for tenants in Georgia to give the landlord written notice of any conditions that need to be repaired.

 There you have it – the Georgia Tip Sheet on Tenant Right to Repairs. Everything you need to know about what the Georgia Code says about the landlord’s duty to make repairs in a nutshell. When you have a problem with your landlord, knowing what tenant rights you are entitled to by your state’s law and, more importantly, knowing the steps you have to take to enforce those rights is invaluable. If you think you could use additional help in resolving issues with your landlord, check out Our Services at https://protenantagency.fairness4tenants.com/our-services/. If you have effectively used your state’s landlord-tenant laws against your landlord and to enforce your tenant rights, we’d love to hear about it. Leave a comment sharing your experience with us. Still have questions? Feel free to ask us in the comments below or privately by visiting https://protenantagency.fairness4tenants.com/contact-us/