Overview of the Georgia Repair Laws
Georgia landlord-tenant law has some strict requirements when it comes to the obligations to make repairs and who is responsible for doing those repairs. In renting a residential dwelling, unless a written contract explicitly imposes the responsibility on the tenant, Georgia law requires the landlord to give a warranty of habitability, which means the landlord has a duty to keep the premises fit and suitable for human occupation. O.C.G.A. § 44-7-13. This responsibility is limited to the portions of the premises used by the tenant. The Georgia landlord does not have to keep the entire rental property in good repair and is even allowed to keep parts of the property in disrepair as long as the tenant does not have to use those parts to live .
The duty of the landlord to repair and keep a residential rental in a condition fit for human habitation will be implied in a lease agreement as a matter of law, regardless of whether there is an express provision detailing the duties and responsibilities of the parties. Under Georgia law, a minor defect or an ordinary business transaction in which the occupant receives a benefit in exchange for payment is not sufficient to amount to a lease. To create a leasehold interest, there must be a promise to pay rent or to provide something in lieu of rent. Without some promise to do something in exchange for the tenant occupying the property, Georgia law will not find the parties to have established a landlord-tenant relationship.
Overview of Tenant’s Repair Responsibilities in Georgia
Georgia law, in the Georgia Landlord-Tenant Act, also sets forth a "Tenant Responsibilities" section. A tenant must comply with all of the following:
- (1) Keep that part of the premises which he is legally obligated to occupy and control in a reasonable state of repair considering the age and character of the premises;
- (2) Keep all plumbing fixtures which are properly used as well as all heating and electrical facilities and equipment, including furnaces or boilers, ranges, water heaters and other provided appliances, in a reasonable state of repair considering the age and character of the premises;
- (3) Not willfully or negligently destroy, deface, damage or remove any part of the promising or knowingly permit any person to do so;
- (4) Not permit any person on the premises with his consent or fully authority to do any of the following, unless in the performance of the person’s duties of employment: Willfully or negligently destroy, deface, damage, or remove any part of the premises; or
- (5) Refrain from intentionally or negligently causing or allowing any person to cause unreasonable interference with the peaceful enjoyment by neighbors of the premises which the tenant does not legally occupy.
O.C.G.A. § 44-7-33
Landlord Repair and Maintenance Responsibilities in Georgia
It has long been a principle under Georgia landlord-tenant law that a landlord has the duty to a tenant, if not by agreement, at least as a matter of public policy, to exercise ordinary care to maintain leased premises in reasonably safe condition. Phillips v. Shouse, 193 Ga. 313, 317 (1942). This duty includes an obligation to address any defects in the leased premises.
The extent of a landlord’s obligations to repair and maintain, however, may be limited by the lease, and can vary widely depending on the property and the parties. Comments from residential tenants to exclude liability for a simple repair, such as fixing a broken sink valve or a clogged drain, hold little water in a court of law.
With very few exceptions, a Georgia residential rental agreement cannot modify the rights or liabilities of the landlord or tenant by authorizing a tenant to exculpate the landlord from responsibility for repairs. O.C.G.A. § 44-7-4. For instance, for homes which were built prior to 1978, the landlord must disclose the use of lead-based paint in the home. 42 U.S.C. § 4852d; O.C.G.A. § 44-7-30. The landlord should provide a warning statement about lead-based paint and a pamphlet on lead poisoning prevention in conjunction with this disclosure. Once again, a modification of the rights as set forth in the lead-based painting legislation can have no affect on the statutory obligations. The allocation of these rights are strictly constrained by law.
Repair Reporting and Requesting for Tenants under Georgia Law
In most cases, landlords are required to make repairs to their rental properties. In Georgia, the law requires that the landlord has notice of the condition needing repair before the law makes the landlord responsible for fixing the issue. If the tenant causes any damage requiring repair, the landlord is not responsible for those repairs.
The landlord does not have to fix every little thing. The law only requires a landlord to make a minor repair if it materially affects the health and safety of the tenant. For example, a loose cabinet door is not a material health or safety concern while a broken door lock is. It is best to notify your landlord of a needed repair in writing. If you send the communication via email or text message rather than using a postal service, be sure your landlord reads the entire message. Many problems are caused by reading only part of the message. If you do not see evidence that the landlord received the message, make sure you follow up with them. If your landlord is going to need to reject your request or ask more questions, it is good practice to insist the conversation occur in writing.
Legal Remedies To Compel Repairs When They Aren’t Made
Failure by a landlord to comply with a Georgia statute usually provides a tenant with some type of relief, either legally mandated or as expressed in a lease. Some of that relief can include (1) withholding rent, (2) not paying rent, or (3) repair and deduct.
For example, if a landlord fails to comply with the "clean and fit" provisions of O.C.G.A. § 44-7-13, the tenant may withhold money to the extent that he had to pay out to have the cleaning done that the landlord was required to do. That means the tenant does not owe the amount paid out to clean the premises under the Act. However, that also means that the tenant is required to pay all other rent due and owing. Also, under subsection (b) of the same statute, failure of the landlord to comply with O.C.G.A. § 44-7-13 may allow the tenant to pursue legal action against the landlord in the amount necessary to remedy the situation. In other words, the tenant may file a Complaint in court and sue the landlord if the landlord does not comply with the provisions of this Act.
Another example of relief for the tenant when a landlord fails to make necessary repairs appears in O.C.G.A. § 44-7-13.1. Under Georgia law , if a landlord does not comply with the warranty that the premises will be fit and habitable, the tenant may, after 14 days’ written notice, in a clear statement of the reason for any alternate remedy he may be requesting, "withhold rent due under the rental agreement equal to the reasonable cost to cure the condition." If the problem persists to the point that it amounts to "unreasonably and materially depriving the tenant of use and enjoyment of the rental property," the tenant has the legal right to terminate the lease. Again, for such injury to occur, the defect must be more than that the premises are unfit to live on, but also amount to losing the use of the property itself. If the rent is withheld, the tenant must put the withheld amount in an escrow account, which shall be subject to an Order of the Court determining whether or not the tenant was justified in withholding the rent. If the tenant withheld an amount that was clearly not justified, the court will award an equivalent amount to the landlord. However, if the tenant withheld an amount that was justified, the court will enter an Order reducing the amount awarded to the landlord by the amount justly withheld by the tenant.
Methods for Resolving Repair Issues
If you cannot reach an agreement with your landlord regarding a repair, you may be able to go to mediation. The Fair Housing Act ("FHA") recommends going to mediation before bringing lawyers into the picture. Georgia law requires all landlord-tenant cases – including cases in which the failure to make a repair is at issue – to go to mediation before the tenant is allowed to file a case in court.
In 10 years of practicing I’ve had several cases at the state’s magistrate court level because a judge is required to have parties attend therapy before they can file a case. One thing I find interesting about this aspect of landlord-tenant dispute resolution is that the parties are forced to talk about their issues. Usually, landlords do not want to discuss the alleged repair issues – they assume that they’re right and they do not realize that the tenant is also living in the unit. After mediation people are sometimes surprised to find out that the other side has a legitimate grievance.
If mediation does not allow you and your landlord to resolve the conflict regarding the repair you want made, you have a few options. At this point, it would be wise to consult with an attorney to discuss the nature of your repair demand and whether a lawsuit is the best option. If you do not consult an attorney, please do the following:
In most states you must wait a period of time before being able to terminate your lease or bring a lawsuit – you cannot file a lawsuit or call the utility company to turn off your utilities in order to retaliate for your landlord’s failure to make your repair. In Georgia, the time period is one week.
Preventive Repairs for Tenants and Landlords
Both landlords and tenants will find that there are preventive measures to be taken in order to help avoid the majority of landlord-tenant disputes in the future. A maintenance agreement is an extremely useful document that can help clarify issues surrounding responsibility for repairs and ensure that a tenant will maintain the property, and it is also a helpful tool for the landlord to orient himself or herself to the relevant statutes. Landlords can help prevent disputes by being proactive. Scheduling regular inspections of the property is one way to help ensure that no other damage is being done to the property, as well as providing an opportunity to request or mandate repairs. The landlord could cover the cost of these inspections within the monthly cost of rent, increasing the landlord’s profits by maintaining the value of the property, and the tenants benefit by having an apartment that is constantly monitored by an experienced eye with an immediate impact on rent.
Conclusion on Repairs in Georgia
In conclusion, Georgia landlord-tenant laws regarding repairs are complex and require both landlords and tenants to have a comprehensive understanding to maintain a positive relationship. Landlord-tenant repair laws in this state lay out the rights and responsibilities of both parties when it comes to the maintenance and repair of the premises. It is important for tenants to report any necessary repairs in writing to documentation and that landlords respond promptly to any such reports. Failure to do so could lead to disputes over who is responsible for the costs of repair. In addition, both parties should understand and follow any relevant local ordinances regarding property maintenance and repair.
The cost of repairs to rental property can also be a point of disagreement between landlords and tenants . Under Georgia landlord-tenant law, landlords have the right to pass the cost of repairs onto the tenant in certain situations. However, tenants should know their rights under the Georgia Residential Landlord-Tenant Act. If a dispute over repair costs cannot be resolved informally, a third-party mediator may be needed to help facilitate a settlement between the landlord and tenant.
Understanding Georgia landlord-tenant repair laws is not only beneficial to resolving disputes between the parties, but knowledge of these laws can also help prevent them in the first place. By recognizing warning signs of a potential repair issue in the home or apartment, landlords will be more likely to address the problem quickly, and in turn, prevent a legal dispute with the tenant.