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.
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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.
Sources
- 1 Ga. Code Ann. § 44-7-13
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(a) The landlord shall keep the premises in repair and shall be liable for all substantial improvements placed upon the premises by such landlord’s consent.
(b) Any contract, lease, license, or similar agreement, oral or written, for the use or rental of real property as a dwelling place is deemed to include a provision that the premises is fit for human habitation.
Source Link - 2 Ga. Code Ann. § 44-7-2(b) (2022)
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“In any contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling place, a landlord or a tenant may not waive, assign, transfer, or otherwise avoid any of the rights, duties, or remedies contained in the following provisions of law: (1) Code Section 44-7-13, relating to the duties of a landlord as to repairs and improvements; (2) Code Section 44-7-14, relating to the liability of a landlord for failure to repair;
(3) Ordinances adopted pursuant to Code Section 36-61-11; (4) Article 3 of this chapter, relating to proceedings against tenants holding over; (5) Article 4 of this chapter, relating to distress warrants; (6) Article 2 of this chapter, relating to security deposits; and (7) Any applicable provision of Chapter 11 of Title 9 which has not been superseded by this chapter.”
Source Link - 3 State of Ga. Dep’t. of Com’ty. Aff., Georgia Landlord-Tenant Handbook p. 46 (10th ed. 2012)
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Nonbinding legal guidance provided by the Department of Community Affairs typifies the applicable standards: “The landlord is responsible for maintaining the building structure and keeping operational systems such as the electric, heating, and plumbing. The landlord is also responsible for repairing any appliances including heating and air conditioning included in the rental unit. A landlord is further responsible for meeting all local ordinances and minimum safety standards.” State of Ga. Dep’t. of Com’ty. Aff., Georgia Landlord-Tenant Handbook p. 46 (10th ed. 2012) For a more recent but summary statement of applicable standards, see also State of Ga. Dep’t of Com’ty Aff., Georgia Landlord-Tenant Handbook: A Landlord-Tenant Guide to the State’s Rental Laws p. 10 (rev. Feb. 2021)
Source Link - 4 Ga. Code § 44-7-14.1
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(a) As used in this Code section, the term “utilities” means cooling, heat, light, and water service. (b) It shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until after the final disposition of any dispossessory proceeding by the landlord against such tenant. (c) Any person who violates subsection (b) of this Code section shall, upon conviction, be assessed a fine not to exceed $500.00. - 5 Point Apartments, Inc. v. Bryant, 99 Ga. App. 110, 113 (Ga. Ct. App. 1959) (internal citations omitted)
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The tenant’s negligent (or, therefore, also intentional) actions that proximately damage the premises are typically not within the landlord’s responsibility to repair. “Under the law of this State, it is presumed that the premises leased are in a condition suitable for the purposes for which they were rented, and if such is not the case, and damage results therefrom to the tenant, the landlord is liable, provided he has had notice of the defective condition of the premises and has failed after a reasonable time to make the necessary repairs, and provided also that the tenant has not been guilty of such negligence as to bar a recovery by him.”
Source Link - 6 Ga. Code Ann. § 25-2-40(a)(1) (2022)
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“Except as otherwise provided in subsection (f) of this Code section, on and after July 1, 1987, every new dwelling and every new dwelling unit within an apartment, house, condominium, and townhouse and every motel, hotel, and dormitory shall be provided with an approved listed smoke detector installed in accordance with the manufacturer’s recommendations and listing.”
Source Link - 7 Ga. State Min. Fire Prev. Code § 915.2.1 (2018)
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“Carbon monoxide detection shall be installed in dwelling units outside of each separate sleeping area in the immediate vicinity of the bedrooms. Where a fuel-burning appliance is located within a bedroom or its attached bathroom, carbon monoxide detection shall be installed within the bedroom.”
Source Link - 8 Ga. State Min. Fire Prev. Code § 907.8.5 (2018)
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“The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times. Service personnel shall meet the qualification requirements of NFPA 72 for inspection, testing and maintenance of such systems. Records of inspection, testing and maintenance shall be maintained.”
Source Link - 9 State of Ga. Dep’t. of Com’ty. Aff., Georgia Landlord-Tenant Handbook p. 46 (10th ed. 2012)
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Nonbinding legal guidance provided by the Department of Community Affairs typifies the applicable standards: “The tenant should not be charged for repairs caused by ordinary wear and tear. Before a landlord can be required to make a repair, he must be given notice of the defect. The tenant should give the landlord written dated notice of the problem needing repair. The tenant should keep a copy as a record of any such notice.”
Source Link - 10 Ellis v. Hartford Run Apartments, LLC, 335 Ga. App. 118, 121 (Ga. Ct. App. 2015)
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“The landlord’s failure to make repairs within a reasonable time after due notice is given renders him liable to the tenant for damages resulting from the failure to make such repairs. This is true even though the landlord attempts to make repairs since he is responsible until the repairs are actually accomplished.”
Source Link - 11 Swim Dixie Pool Corp. v. Kraemer, 157 Ga. App. 748, 749 (Ga. Ct. App. 1981)
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“Where a landlord covenants to keep premises in repair, his failure to do so, whereby their use by the tenant is impaired, will not work a forfeiture of the rent, unless the premises become untenantable and a constructive eviction results. The remedy of the tenant is, after reasonable opportunity to the landlord, and failure by him to repair, to make the repairs himself and look to the landlord for reimbursement, or to occupy the premises without repair, and hold the landlord responsible for damages by action, or by recoupment to an action for the rent.”
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