Quick Guide to Georgia Landlord/Tenant Law
Georgia Landlord Tenant Laws
Georgia landlords and tenants each have specific responsibilities and rights under Georgia landlord tenant law, and this article will discuss maintenance obligations of the landlord and the tenant as well as other commonly disputed problems.
Two of the best resources on the internet for Georgia landlord tenant laws are the following links under the U.S. Department of Housing and Urban Development and the GA Legal Services Program:
• http://portal.hud.gov/hudportal/HUD?src=/states/georgia/renting/tenantrights
• http://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf
Georgia Landlord Tenant Law on Maintenance and Repair
Both the landlord and the tenant have specific obligations so repairs can be made on time and the landlord/tenant relationship is not affected. Under Georgia landlord tenant laws, a landlord is obligated to make repairs in a reasonable amount of time included in the following areas:
1. Maintaining the building structure
2. Keeping electric, heating, and plumbing devices operational if there is no fault form the tenant
3. Repairing all appliances including heating and air conditioning
4. Repairs to meet local ordinances and minimum safety standards
A tenant is also obligated to respect the property and perform all of the following duties under Georgia landlord tenant law:
• Pay the rent on time
• Keep the rental property in safe and sanitary condition
• Immediately notify the landlord of any minor or severe maintenance problems
• Leave the rental property in good condition besides for normal wear and tear
Commonly Disputed Cases
There are many disputed circumstances within Georgia landlord tenant law, and many of these cases result from a small dispute in an otherwise good landlord/tenant relationship. The state encourages the landlord and tenant to resolve issues before they go to court, but some cases require litigation when rights have been violated in the following Georgia landlord tenant laws and subjects:
Security Deposit
Under Georgia landlord tenant law, a landlord is required to return a security deposit within 30 days if the tenant paid all of their rent, gave the landlord proper notification before moving out, and left without causing any damages to the property besides normal wear and tear.
Additionally, Georgia landlord tenant laws require a landlord with 10 or more rental units—including those owned by a spouse or children—to place all deposits in a bank escrow account for security deposits alone. The landlord is required to give the tenant a written notice of where the deposit is located under Georgia landlord tenant law, but the landlord doesn’t have to give the account number. Such information is important when a tenant disputes the withholding of a deposit.
Withholding Rent for Maintenance
Under Georgia landlord tenant laws, a tenant can withhold rent if the landlord has not taken proper action to make a repair. If the landlord tries to unlawfully evict the tenant for such an action, the tenant can maintain their residence if they gave the landlord proper notification, enough time to make the repair, and properly escrowed the rent under Georgia landlord tenant law.