Georgia law establishes a landlord's duty to maintain rental properties in a condition fit for habitation. Under O.C.G.A. § 44-7-13, the landlord must keep the premises in repair and is liable for damages arising from defective construction or the landlord's failure to keep the property in repair after receiving notice of a defect.

Official Law Citation: Official Code of Georgia Annotated (O.C.G.A. § 44-7-2, § 44-7-13, and § 44-7-14)

The Landlord's Core Obligations

Georgia landlords are generally required to:

1. Keep the Premises in Repair: Under O.C.G.A. § 44-7-13, the landlord must keep the premises in good repair. If a defect exists that the landlord knew of or was notified about, the landlord is liable for any resulting damage to the tenant or their property.
2. Comply with Building and Housing Codes: The property must meet all applicable local building and housing code standards affecting health and safety.
3. Maintain Structural Elements: This includes the roof, walls, foundation, plumbing, electrical systems, and HVAC systems.
4. Provide Essential Services: The property must have adequate water supply, heating capability, and functioning sanitation.

The Importance of Notice

A critical element of Georgia's maintenance law is the notice requirement. A landlord is generally not liable for a defect until they have been put on notice of the problem. The tenant must notify the landlord (in writing is best practice) of the need for a repair, and the landlord must then have a reasonable opportunity to address it.

The Tenant's Obligations

Georgia tenants are also required to:

• Keep their unit clean and sanitary.
• Dispose of garbage properly.
• Use all electrical, plumbing, heating, and other facilities in a reasonable manner.
• Not willfully or negligently destroy, deface, or damage the premises.
• Comply with all applicable building and housing codes regarding tenant obligations.

Tenant Remedies for Landlord Failure

If a Georgia landlord fails to fulfill their maintenance obligations after receiving proper notice, the tenant has specific legal remedies.

1. Repair and Deduct

Georgia law allows tenants, under certain conditions, to make necessary repairs themselves and deduct the cost from their rent. However, this remedy has strict limitations:

• The defect must materially affect the health and safety of the tenant.
• The tenant must give the landlord written notice and a reasonable opportunity to make the repair.
• The cost of the repair generally should not exceed one month's rent.

2. Lease Termination

If the landlord's failure to repair renders the property uninhabitable, the tenant may terminate the lease. The tenant must provide the landlord with written notice and a reasonable opportunity to cure the defect before vacating.

3. Lawsuit for Damages

A tenant can sue the landlord in court for damages resulting from the landlord's failure to maintain the property, including compensation for personal injury, property damage, or relocation expenses.

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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