Georgia Renter’s Rights for Repairs

Georgia Renter’s Rights for Repairs

Last Updated: May 3, 2024 by Roberto Valenzuela

Tenants in Georgia have the legal right to repairs for issues that place the property in violation of state health and safety standards. To exercise this right, they must properly notify the landlord in writing and allow a “reasonable time” for the repairs to be made.

Georgia Landlord Responsibilities for Repairs

Landlords in Georgia are responsible for keeping all of the following in good working condition:

  • Plumbing
  • Heating (in winter)
  • Hot water (if provided)
  • Common areas
  • Anything impacting health, safety, or habitability

If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.

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What Repairs Are Tenants Responsible for in Georgia?

Georgia tenants are responsible for repairing any damage they cause to the property which affects health and safety. The landlord must provide a property that is suitable for human habitation upon move-in, but after that, tenants are responsible for damage they cause beyond normal wear and tear.

Requesting Repairs in Georgia

Georgia tenants must request repairs by notifying the landlord in writing about the issue. While it’s not a legal requirement, the Department of Consumer Affairs specifically recommends that tenants make, and keep, a copy of their dated written repair request.

How Long Does a Landlord Have To Make Repairs in Georgia?

Georgia landlords have a “reasonable time” to complete repairs after getting a written request from the tenant. What’s reasonable depends on all circumstances related to the issue, and gets determined case by case.

Can the Landlord Refuse To Make Repairs in Georgia?

Georgia landlords in general cannot refuse to make otherwise required repairs. The law requires a landlord to provide premises that are fit for human habitation.

Do Landlords Have To Pay for Alternative Accommodation During Repairs in Georgia?

Georgia landlords are not required to pay for alternative accommodation while they conduct repairs.

Tenant’s Rights if Repairs Aren’t Made in Georgia

Georgia tenants can sue for damages or get an injunction if the landlord doesn’t make timely repairs, or repair and deduct from the rent. They can also cancel the rental agreement, in severe cases where an issue substantially prevents the intended use of the premises.

Can the Tenant Withhold Rent in Georgia?

Georgia tenants are not allowed to withhold rent. They can deduct a reasonable portion of rent when doing repairs themselves, but stopping rent payments altogether is grounds for eviction.

Can the Tenant Repair and Deduct in Georgia?

Georgia tenants can conduct repairs and deduct from the rent, if they give notice to the landlord and the landlord fails to complete repairs within a reasonable time.

Can the Tenant Break Their Lease in Georgia?

Georgia tenants can break the lease in certain severe situations. This remedy is available only in constructive evictions, where the landlord’s unlawful action or unlawful failure to act makes the premises substantially unusable for their intended purpose. The tenant must move out to claim constructive eviction.

Can the Tenant Sue in Georgia?

Georgia tenants can sue to force repairs or recover monetary damages, when the landlord fails to make needed repairs within a reasonable amount of time.

Can the Tenant Report the Landlord in Georgia?

Georgia tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could cancel the rental agreement, or sue to force repairs.

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Landlord Retaliation in Georgia

It’s illegal for Georgia landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken one of the following protected actions in the past 90 days:

  • Complaining to the landlord or government about health and safety
  • Exercising rights or remedies under the law or lease
  • Participating 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.

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