In Georgia, a landlord’s obligation for providing a habitable living space is primarily governed by O.C.G.A § 44-7-13. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Water, Heat, Electricity |
| Time Limit for Repairs | “Reasonable” Amount of Time |
| Tenant Recourse Options |
|
Landlord Responsibilities in Georgia
The implied warranty of habitability in Georgia does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Not specifically addressed |
| RV parks | Not specifically addressed |
| Mobile home parks | Only if land and mobile home are owned by the same person. |
| Condos | Yes |
| Hotels/Motels | Not specifically addressed |
Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.
Landlord Responsibilities in Georgia
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Georgia, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Not addressed |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Not addressed |
| Provide hot and cold running water. | Not addressed |
| Provide working HVAC equipment. | Heat |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Yes |
| Provide working gas lines if used for utilities/cooking | Not addressed |
| Provide working sanitation facilities (bathtub/shower, toilet). | Not addressed |
| Provide a trash can (for trash pickup services). | Not addressed |
| Ensure that any stairs and railings are safe. | Not addressed |
| Ensure that all floors are in good condition and safe. | Not addressed |
| Provide fire exits that are usable, safe, and clean. | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox. | Not addressed |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | Not addressed |
| Provide working carbon monoxide detector. | Yes |
| Provide a working washer/dryer. | Not addressed |
Additionally, for multifamily properties, landlords are responsible for ensuring that any common areas are clean and safe.
Repairs, Recourse & Retaliation in Georgia
If a rental property is in violation of the implied warranty of habitability in Georgia, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in Georgia
Georgia tenants must request repairs by notifying the landlord in writing about the issue that needs fixing. While it’s not a legal requirement, the Georgia Department of Consumer Affairs specifically recommends that tenants make, and keep, a copy of their dated written repair request.
Renter’s Rights if Repairs Aren’t Made in Georgia
Georgia landlords get a “reasonable” time to repair issues after receiving written notice from the renter. If an issue isn’t fixed, the renter can repair and deduct, have a court order repairs or compensation, or in severe cases cancel the rental agreement. However, they aren’t allowed to withhold rent. Read More
Landlord Retaliation in Georgia
Georgia landlords can’t retaliate with raised rent, reduced services, or threatened eviction within 90 days of tenants taking one of these good-faith actions:
- Complaining to landlord or government about habitability.
- Exercising rights under law or lease.
- Participating in tenant organizations on habitability issues.
There’s an exception in Georgia law for non-retaliatory, good-faith motivations. For example, a proportionate increase in rent following an increase in property tax isn’t retaliation.
Tenants can respond to retaliation by suing for associated costs, including one month’s rent plus $500 for deliberate retaliation. Retaliation is also an eviction defense, and in some cases justifies lease cancellation.
Sources
Sources
1 Georgia Landlord Tenant Handbook (2017)
2. Repair-and-deduct. The tenant can have a qualified and licensed professional perform the required repair at a
reasonable cost and deduct the cost from future rent.
To amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant generally, so as to prohibit retaliation by a landlord against a tenant for taking certain actions; to provide for circumstances that are not considered retaliation; to provide for remedies; to provide for a defense; to provide for related matters; to repeal conflicting laws; and for other purposes.
Sources
- 1 Georgia Landlord Tenant Handbook (2017)
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2. Repair-and-deduct. The tenant can have a qualified and licensed professional perform the required repair at a
reasonable cost and deduct the cost from future rent. - 2 Georgia House Bill 346
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To amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant generally, so as to prohibit retaliation by a landlord against a tenant for taking certain actions; to provide for circumstances that are not considered retaliation; to provide for remedies; to provide for a defense; to provide for related matters; to repeal conflicting laws; and for other purposes.
