Skip to main content
CityRuleLookup

Smyrna, GA Rental Inspections: Tenant Complaint Process (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Section 80-26(a) accepts a request filed with the director of community development by a representative of the public authority or by at least five residents of the city. The director can also start the process on his own motion when it appears a dwelling is unfit for human habitation.
What happens after a complaint is filed?
The director makes a preliminary investigation. If it discloses a basis for the charges, a complaint is served on the owner and any parties in interest, with notice of a hearing before the municipal judge not less than seven nor more than 30 days after service. The owner can answer and appear.
Are complaint records public?
Yes. Section 80-26(b) makes the director of community development the custodian of the records on each property, including investigation findings, required action, citations and court findings. The records are public, copies are provided at reasonable duplication cost, and they are preserved for not less than four years after the matter concludes.
Can the city enter a property to inspect it?
Section 80-35 empowers the public officer or designee, any person authorized to enforce the chapter, and any sworn police officer to enter property and structures at reasonable times to inspect the condition or work being performed. Section 80-36 requires entries to cause the least possible inconvenience to persons in possession.

Sources & Official References

Other rules in Smyrna

All Smyrna rules

Compare Smyrna to another location·View the Georgia rental inspections overview

Get notified when Tenant Complaint Process in Smyrna, GA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.