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Marietta, GA Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Code adopted
2006 International Property Maintenance Code
Enforcing official
Development Services Director (housing official)
Standard repair order
60 days to correct
Emergency hazard window
72 hours for electrical/plumbing/heating
Min. floor space, 4 or fewer occupants
150 sq ft + 125 sq ft/occupant
Appeal deadline
30 days to Marietta Municipal Court

Summary

Marietta enforces the 2006 International Property Maintenance Code, adopted and amended at City Code § 7-4-2-100, to set minimum habitability standards for every dwelling. Occupancy limits require 150 square feet for a first occupant plus 125 per additional occupant in small units, and 200 plus 150 in larger ones. The Development Services Director enforces it as housing official.

A.The International Property Maintenance Code, 2006 edition, is adopted as a general ordinance of the city and is incorporated by reference into this section, with the modifications hereinafter set forth. ... "Any dwelling unit that houses four or fewer people shall require 150 square feet of floor space for the first occupant thereof and at least an additional 125 square feet of floor space per additional occupant. Any dwelling unit that houses more than four people shall require at least 200 square feet of floor space for the first occupant thereof and at least an additional 150 square feet of floor space per additional occupant." ... "The ... owner of the structure or tenant of commercial property as provided in the lease shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter."

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 56).

Full Breakdown

Marietta adopted the 2006 IPMC as a general ordinance and amended dozens of its sections to fit local practice. 2 lets a commercial lease shift repair duty to the tenant, and Section 107 subparagraph 9 makes a written commercial repair agreement an affirmative defense for an owner cited over conditions the tenant contracted to fix. The Development Services Director, designated the housing official under subsection D, or a designee makes inspections and can accept certified reports from approved agencies. 4. A correction order gives 60 days to bring a unit into compliance, but Section 107(7) cuts that to 72 hours when the defect involves electrical, plumbing or heating service that is an imminent danger, after which the housing officer may refer the matter for legal action under City Code § 10-8-060.

2 puts plumbing-fixture maintenance on the owner unless the lease assigns it to a commercial tenant. 2, with costs becoming a lien if the city has to do the work. 1.

Violations & Fines

Because the amended IPMC deletes Section 106.3's own prosecution clause, violations run through the general construction-code penalty at City Code § 7-4-2-090: any person who fails to comply is guilty of a misdemeanor, with each day of continued violation a separate offense, punished within the limits state law allows. Any Marietta law enforcement officer or the development services director may issue a citation compelling a court appearance.

Frequently Asked Questions

Who enforces habitability standards in Marietta rental housing?
The Development Services Director, designated the housing official under City Code § 7-4-2-100(D), enforces the amended 2006 International Property Maintenance Code. The director or a designee inspects properties and issues correction notices, and any Marietta law enforcement officer may also issue citations requiring a violator to appear in municipal court.
Can a lease shift repair responsibility to a commercial tenant?
Yes. Marietta's amendment to IPMC Section 102.2 excepts commercial property "where stated in the lease that tenant is responsible for repairs," and Section 107 subparagraph 9 makes a written commercial repair agreement an affirmative defense for an owner charged with a violation covered by that lease.
How much floor space does Marietta require per occupant?
Under the city's amendment to IPMC Section 404.5, a dwelling housing four or fewer people needs 150 square feet for the first occupant and 125 additional square feet per occupant after that; units housing more than four people need 200 square feet for the first occupant and 150 additional square feet per occupant, calculated across all habitable rooms.
How fast must a landlord fix an emergency hazard?
If a notice concerns electrical, plumbing or heating problems posing imminent danger, Marietta's amended Section 107 requires repair within 72 hours of notification, or the housing officer may initiate legal proceedings under City Code § 10-8-060.

Sources & Official References

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