Smyrna, GA Rental Inspections: Tenant Complaint Process (2026)
Key Facts
- Who can file
- Public authority representative or at least five city residents
- Filed with
- Director of community development
- Own motion
- The director can start a case without a request
- Hearing
- Municipal judge, seven to 30 days after service
- Records kept
- Public, and preserved not less than four years
- Rental records
- Multi-family inspection records due within 20 business days
Summary
In the City of Smyrna, Georgia, a request that a dwelling is unfit or unsafe goes to the director of community development, from a public authority representative or at least five residents, or on the director's own motion. A complaint then goes to the owner, with a municipal judge hearing seven to 30 days after service.
(a)Complaint. ... Whenever a request is filed with the director of community development by a representative of the public authority or by at least five residents of the city that any dwelling, building, or structure is unfit for human habitation or for commercial, industrial, or business uses due to dilapidation and defects increasing the hazards of fire, accidents, or other calamities; lack of adequate ventilation, light or sanitary facilities; or other conditions rendering such dwellings, buildings, or structures unsafe or unsanitary, or dangerous or detrimental to the health, safety or welfare, ... the director of community development ... shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and any parties in interest in such dwelling, building or structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the municipal judge at a place within the city, fixed not less than seven nor more than 30 days after the serving of such complaint;
Full Breakdown
Section 80-26 of the Smyrna Code is the complaint and inspection route for unfit housing. The request is filed with the director of community development, either by a representative of the public authority or by at least five residents of the city, stating that a dwelling, building or structure is unfit for human habitation or for commercial, industrial or business use because of dilapidation and defects increasing the hazards of fire or accidents, lack of adequate ventilation, light or sanitary facilities, or other unsafe or unsanitary conditions. The director can also act on his own motion. The section speaks of residents and the public authority rather than tenants as a class, so a single tenant's complaint depends on reaching that threshold or on the director's own initiative.
If the director's preliminary investigation discloses a basis for the charges, the director issues a complaint served on the owner and any parties in interest. The notice sets a hearing before the municipal judge not less than seven nor more than 30 days after service, gives the owner the right to answer and to appear and give testimony, and states that the rules of evidence of courts of law or equity do not control. After the hearing the judge states findings of fact in writing and orders repair, alteration or improvement, or vacating and closing, or removal or demolition where repair cannot be made at reasonable cost.
Section 80-35 empowers the public officer, or any person authorized to enforce the chapter, and any sworn police officer, to enter property and structures at reasonable times to inspect conditions. Section 80-33(c) treats a finding by a governmental health department, health officer or building inspector that property is a health or safety hazard as prima facie evidence of a violation. Section 80-26(b) makes the director custodian of the record on each property, the records are public and copies are provided at reasonable duplication cost, and they are preserved for not less than four years after the proceedings conclude.
For multi-family rentals, Section 80-40(4) requires owners and certified inspectors to keep written inspection records, produced to the city within 20 business days of a written request.
Violations & Fines
After the hearing, an owner who does not comply with the judge's order faces city repair, closing or demolition and a lien for the cost under Sections 80-28, 80-30 and 80-31, including $200.00 for administration. Section 80-27(b) makes it unlawful to mutilate or remove a placard or to occupy a placarded building until corrective action is taken. An affected owner has 15 days from posting and service to petition superior court under Section 80-38.
Frequently Asked Questions
Who can ask Smyrna to inspect an unfit rental home?
What happens after a complaint is filed?
Are complaint records public?
Can the city enter a property to inspect it?
Sources & Official References
Other rules in Smyrna
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