Georgia Statewide Rule
Georgia Habitability and Repair Standards
Key Facts
- Core duty
- Keep premises in repair and fit for human habitation (§ 44-7-13)
- Habitability standard
- Added by HB 404, effective July 1, 2024
- Rent withholding / repair-and-deduct
- No statutory requirement; not authorized
- Tenant remedy
- Damages suit; constructive eviction in extreme cases
Summary
Since July 1, 2024, the Safe at Home Act (HB 404) added an express duty to O.C.G.A. § 44-7-13 that landlords keep rental premises fit for human habitation. Georgia still has no rent-withholding or repair-and-deduct remedy; enforcement is through a damages suit.
Any contract, lease, license, or similar agreement, oral or written, for the use or rental of real property as a dwelling place is deemed to include a provision that the premises is fit for human habitation.
Full Breakdown
O.C.G.A. § 44-7-13 requires the landlord to keep the premises in repair, and the 2024 Safe at Home Act (HB 404, effective July 1, 2024) amended it to expressly require that premises be maintained 'fit for human habitation'. Georgia's first statutory warranty of habitability. Section 44-7-14 makes a landlord who has fully parted with possession liable for damages from defective construction or failure to repair, and HB 404 also expanded 'utilities' in § 44-7-14.1 to include cooling. Georgia courts treat the repair duty as non-waivable after notice of a defect. There is still no repair-and-deduct or rent-withholding statute; a tenant's primary remedy remains a damages suit or, in extreme cases, constructive eviction.
Violations & Penalties
No specific statutory penalty. A landlord who fails to repair after notice may be sued under § 44-7-13 and § 44-7-14 for damages, including for personal injury or property loss caused by the disrepair; a tenant may not lawfully withhold or deduct rent, as Georgia has no statute authorizing it.
Frequently Asked Questions
What must a Georgia landlord repair?
Can a Georgia tenant withhold rent for repairs?
Sources
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