| Tenant Protected Actions |
|
| Landlord Retaliatory Actions |
|
| Penalties for Retaliation |
|
When Is It Illegal for Landlords to Retaliate in Georgia?
It’s illegal for Georgia landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have, in good faith, taken one of the following protected actions in the past 90 days:
- Complains to the landlord or government about health and safety.
- Exercises rights or remedies under law or lease.
- Participates in a tenant organization on issues related to habitability.
The law allows an exception when the landlord can prove a non-retaliatory, good-faith reason for the alleged retaliatory action. For example, a landlord who raises rent proportionately in response to a large increase in property tax is not retaliating, even if a tenant has recently complained about maintenance.
What Can Tenants Do in Response in Georgia?
Georgia tenants can respond to retaliation by suing for associated costs, including one month’s rent plus $500 for deliberate retaliation. If retaliation substantially prevents the intended use of a rental property, the tenant might be able to end the lease and move out. Lastly, retaliation is a defense to eviction.
Sources
- 1 Ga. Code Ann. § 44-7-24(a) (2022)
-
“A residential tenant establishes a prima-facie case of retaliation by demonstrating that he or she took an action under subsection (b) of this Code section [good-faith exercise of rights and remedies; good-faith complaints to government or landlord about tenantability; or participation in a tenant organization related to habitability] relating to a life, health, safety, or habitability concern and by demonstrating that his or her landlord took an action under subsection (c) of this Code section [eviction; decreasing services; increasing rent; or interference with rights under the rental agreement].” Ga. Code Ann. § 44-7-24(a) (2022) (The statute is extensive and detailed; tenants considering action under this law should take the time to read it carefully.)
Source Link - 2 Ga. Code Ann. § 44-7-24(d)(1) (2022)
-
“A landlord shall not be liable for retaliation under this Code section: (1) For increasing rent or reducing services: (A) Under an escalation clause in a written lease for utilities, taxes, or insurance; (B) As part of a pattern of rent increases or for reducing services as part of a pattern of service reductions, for an entire multiunit residential building or complex; or (C) As part of a rent increase due to the terms of the tenant’s or landlord’s participation in a program regulated by this state or the federal government involving the receipt of federal funds, tenant assistance, or tax credits.”
Source Link - 3 Ga. Code Ann. § 44-7-24(d)(2)(A) - (d)(2)(D) (2022)
-
“A landlord shall not be liable for retaliation… [for] lease or rental agreement termination in accordance with this chapter based upon one or more of the following circumstances: (A) The tenant is delinquent in rent when the landlord gives notice to vacate or files a dispossessory action; (B) The tenant, a member of the tenant’s family, or a guest or invitee of the tenant intentionally damages property on the premises or by word or conduct threatens the personal safety of the landlord, the landlord’s employees, or another tenant; (C) The tenant has breached… by an action such as violating written lease provisions prohibiting serious misconduct or criminal acts; (D) The tenant holds over…”
Source Link - 4 Ga. Code Ann. § 44-7-24(e) (2022)
-
“In addition to any other remedies provided for by law, if a landlord retaliates against a tenant pursuant to this Code section, such retaliation shall be a defense to a dispossessory action, and the tenant may recover from the landlord a civil penalty of one month’s rent plus $500.00, court costs, reasonable attorney’s fees where the conduct is willful, wanton, or malicious, and declaratory relief less any delinquent rents or other sums for which the tenant is liable to the landlord.”
Source Link - 5 Agard v. PRP Prop. Mgmt., LLC, 354 Ga. App. 710, 712 (Ga. Ct. App. 2020)
-
“Put another way, [for constructive eviction] there must be proof of either an actual expulsion of the tenant, or some act of a grave and permanent character done by the landlord with the intention of depriving the tenant of the use of the demised premises. An act may be considered grave in character if it renders the premises untenantable or unfit for the use and benefit of the tenant in accomplishing one or more of the substantial purposes of the lease. A tenant must show that her use and enjoyment of the premises is not merely rendered uncomfortable.”
Source Link
