Georgia Landlord Responsibilities for Habitability

Georgia Landlord Responsibilities for Habitability

Last Updated: May 3, 2024 by Roberto Valenzuela

Georgia legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.

Georgia Implied Warranty of Habitability

In Georgia, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.

Examples of clear habitability violations include:

  • Exposed electrical wiring.
  • A pipe leaking human waste.
  • A broken front doorknob that won’t lock.

      However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees the most basic features required for health and safety.

      Landlord Responsibilities in Georgia

      Note: Most landlord responsibilities in Georgia are determined by locally applicable codes. Check city/county laws and ordinances for additional requirements.

      Item Has To Provide? Has To Fix / Replace?
      Air Conditioning / Heating No Heating If Provided
      Hot Water No Only If Provided
      Kitchen Appliances No No
      Washer & Dryer No No
      Smoke/CO Detectors Yes Yes
      Window Coverings No No
      Light Fixtures No No
      Landscaping No No
      Garbage Removal No No
      Garbage Pickup No No
      Mold N/A Yes
      Pest Control No N/A
      Pest Infestations N/A Yes
      Water Leaks N/A Not Usually
      Clogs N/A Not Usually

      Landlord Responsibilities for Heating and Air Conditioning in Georgia

      Georgia landlords have no general responsibility to provide air conditioning or heating. If the landlord provides heating, however, he has a duty to maintain it in reasonable working condition. It’s also illegal in Georgia for a landlord to knowingly and willfully suspend utilities, including heat and cooling.

      Are Landlords Required to Provide Air Filter Replacements in Georgia?

      Georgia landlords don’t have to replace things like air filters, unless provided heating equipment won’t work otherwise.

      Landlord Responsibilities for Plumbing in Georgia

      Georgia landlords must keep plumbing in reasonable working condition. It’s also illegal in Georgia for a landlord to knowingly and willfully suspend utilities, including water service.

      Are Landlords Required To Provide Hot Water in Georgia?

      Georgia landlords have no specific requirement to provide hot water. If the landlord provides it, however, he has to maintain it in reasonable working condition since it’s part of the plumbing system.

      Are Landlords Responsible for Fixing Clogged Drains and Toilets in Georgia?

      Georgia landlords have to fix clogs the renter didn’t cause which keep the plumbing from being reasonably safe and usable.

      Are Landlords in Georgia Responsible for Fixing Leaks?

      Georgia landlords have to fix leaks the renter didn’t cause which keep the plumbing from being reasonably safe and usable.

      Landlord Responsibilities for Kitchen Appliances in Georgia

      Georgia landlords don’t have to provide kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. They may have to maintain provided appliances that have a serious impact on basic habitability.

      Landlord Responsibilities for Electrical Issues in Georgia

      Georgia landlords are responsible for not directly or indirectly interrupting electric service through their actions. It’s also illegal in Georgia for a landlord to knowingly and willfully suspend utilities, including light service, i.e., electricity.

      Are Landlords Responsible for Replacing Light Bulbs in Georgia?

      Georgia landlords are not responsible for replacing light bulbs or particular light fixtures.

      Landlord Responsibilities for Garbage Removal in Georgia

      Georgia landlords have no responsibility to provide garbage containers or arrange for garbage removal service. If not otherwise agreed in the lease, it’s the tenant’s responsibility.

      Landlord Responsibilities for Landscaping in Georgia

      Georgia landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.

      Landlord Responsibilities Regarding Mold in Georgia

      Georgia landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety.

      Landlord Responsibilities Regarding Pests in Georgia

      Georgia landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants. There’s no state requirement for regular testing, however.

      Landlord Responsibilities for Windows and Window Coverings in Georgia

      Georgia landlords have no specific responsibility regarding windows and window coverings, except what’s required for minimum health and safety. For example, a landlord might have to fix a window that broke for a reason that wasn’t the renter’s fault.

      Landlord Responsibilities Regarding Safety Devices in Georgia

      Georgia landlords are responsible for providing and maintaining smoke and carbon monoxide (CO) detectors, as required by law.

      Are Landlords Responsible for Replacing Batteries of Safety Devices in Georgia?

      Georgia landlords are specifically required by the fire safety code to maintain safety devices in working condition, including batteries for things like smoke and CO detectors.

      Landlord Responsibilities for Washers and Dryers in Georgia

      Georgia landlords are not required to furnish their rental properties with a working washer and dryer.

      Renter’s Rights for Repairs in Georgia

      Renters in Georgia have the right to repairs for issues that prevent the safe intended use of the premises, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. The landlord gets a reasonable time after notice to repair the issue.

      If the issue isn’t fixed, the renter can repair and deduct from the rent, have a court order repairs or compensation, or in severe cases, cancel the rental agreement. However, they aren’t allowed to withhold rent.

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