Maintenance responsibilities in Georgia commercial real estate are determined primarily by the lease agreement. However, Georgia has a unique statutory provision (O.C.G.A. § 44-7-13) that places a default duty on all landlords (both residential and commercial) to keep the premises in repair. This default rule can be-and in commercial practice almost always is-contractually modified by the lease.

Official Law Citation: General commercial contract law in Georgia.

The Default

Rule: O.C.G.A. § 44-7-13

Georgia law states that the landlord must keep the premises in repair and is liable for damages arising from defective construction or failure to keep the premises in repair after notice of the need for repair. This statute technically applies to commercial properties.

However, Georgia courts have consistently held that this obligation can be shifted to the tenant in a commercial lease. If the commercial lease explicitly states that the tenant is responsible for all interior maintenance, HVAC repairs, and even structural elements, the court will enforce those terms.

If the Lease is Silent

If a commercial lease fails to address maintenance responsibilities, the statutory default applies: the landlord is responsible for keeping the premises in repair. This is a critical reason why Georgia commercial leases must explicitly detail who handles every category of repair.

Common Allocation in Commercial Leases

1. Landlord's Responsibility (Typical)

Even in NNN leases, landlords typically retain responsibility for:

• Structural integrity (foundation, load-bearing walls, structural columns).
• Roof structure and outer membrane (though some NNN leases pass roof maintenance to the tenant).
• Common areas (lobbies, parking lots, landscaping, elevators).
• Central building utility infrastructure up to the tenant's demarcation point.

2. Tenant's Responsibility (Typical)

Commercial tenants almost always handle:

• Interior cosmetic maintenance (paint, carpeting, drywall).
• Interior plumbing and electrical fixtures within their suite.
• Janitorial services.
• Pest control within their specific unit.
• Glass, windows, and storefront doors (retail).

3. The HVAC Issue

HVAC responsibility is a frequent source of commercial disputes in Georgia:

• Some leases place full repair AND replacement burden on the tenant.
• Others require the tenant to maintain a professional preventative maintenance contract, while the landlord pays for full capital replacements.
• Defining HVAC responsibility explicitly is essential to avoid costly litigation.

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Constructive Eviction If

a Georgia commercial landlord breaches a maintenance obligation written into the lease, the tenant's primary remedy is a breach of contract lawsuit. In extreme cases, the tenant may claim Constructive Eviction-but they must actually vacate the premises to assert this defense.

How Landager Helps

Landager tracks lease terms, required compliance items, and accounting records - making it easy to stay compliant with Georgia regulations.

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