In Georgia, a landlord’s obligation for providing a habitable living space is primarily governed by Georgia Annotated Code, § 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 |
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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 and 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. On the other hand, a landlord who knowingly and willfully suspends cooling, heat, water, or light service is subject to additional penalties.
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
- 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 Georgia Landlord Tenant Handbook (2021), p. 10
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“You can have a qualified and licensed professional make the required repair at a reasonable cost and subtract the cost from future rent payments.”
Source Link - 3 Ga. Code Ann. § 44-7-24(a)
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“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].”
Source Link - 4 Ga. Code Ann. § 44-7-24(d)(1)
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“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 - 5 Ga. Code § 44-7-14.1
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Source Link
(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.
