Cherokee County, GA Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Rescission window
- 72 hours / 3 business days
- Trigger
- Any Sec. 14-121 unfitness defect
- Occupancy floor
- 390 sq ft per adult occupant
- Rescission method
- Written notice to landlord
- Max fine
- $1,000.00 misdemeanor
Summary
Cherokee County makes it unlawful to rent out a dwelling or building that is unfit for human habitation, and gives a tenant who discovers the unfitness after signing a lease 72 hours or three business days to rescind it in writing.
Sec. 14-122. - Renting an unfit dwelling or building. It shall be unlawful for any owner or any party in interest of a dwelling or of a building to rent or offer for rent any dwelling or building or rooming unit which is unfit for human habitation for any reason set out in this article, due to the dilapidation, leaking water lines, leaking gas lines, electrical defects increasing hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such dwelling or building or rooming unit unsafe or unsanitary or dangerous. Any person shall have 72 hours or three business days (in the case of office closure) after execution of said lease to rescind it by providing said notice in writing to the landlord that the dwelling or building has been discovered to be unfit as described in this division.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 39 | Zoning: Supplement 35).
Full Breakdown
Sec. 14-122, in Division 4 Unfit Dwellings or Buildings, prohibits any owner or party in interest from renting or offering to rent a dwelling, building, or rooming unit that is unfit for human habitation for any reason set out in the article, expressly including dilapidation, leaking water lines, leaking gas lines, electrical defects that increase fire or accident hazards, lack of ventilation or light, or lack of sanitary facilities, or other conditions rendering the unit unsafe, unsanitary, or dangerous. Those unfitness triggers tie directly back to the eleven structural and utility defects defined in Sec.
14-121, including missing or improperly connected kitchen sinks, tubs, showers, toilets, and lighting, and dangerous wiring. Sec. 14-122 gives a tenant a narrow but real remedy: after executing a lease, the tenant has 72 hours, or three business days if the landlord's office is closed, to rescind the lease by giving the landlord written notice that the dwelling or building has been discovered to be unfit as described in the division. This habitability rule sits alongside the article's occupancy-density standard in Sec. 14-123, which requires at least 390 square feet of total building square footage per adult occupant, and the rooming-house standards in Sec. 14-124, which require at least one flush toilet, lavatory, and tub or shower for every five persons sharing a rooming house.
Violations & Fines
Renting out a dwelling or building known to be unfit under Sec. 14-121's defect list violates Sec. 14-122 and is enforced through the marshal's citation ladder at Sec. 14-34: a warning on a first violation, a citation into Magistrate Court on a second, and a criminal misdemeanor conviction carrying a fine of up to $1,000.00, with each day of continued unlawful renting a separate offense.
Frequently Asked Questions
Can a Cherokee County landlord rent out a unit with no working toilet?
How long do I have to break a lease if I discover the unit is unfit after signing?
How much living space does the county require per adult tenant?
Sources & Official References
Other rules in Cherokee County
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