Georgia Habitability Laws, Warranty, Inspections, and You [A Guide]

When you dive into the world of property management, you’ll quickly realize that each state has its own approach to regulating basic habitability. It’s logical for there to be rules that make sure landlords and property owners maintain their rental units. They aren’t allowed to let properties fall into disrepair. These regulations are largely state-specific, meaning Georgia habitability laws differ from those in other states. Then you get into such things as implied warranty of habitability and other official terms. There’s a lot to grasp on this topic.

As a leading provider of Atlanta property management services, we understand that Georgia approaches health, safety, and habitability matters in a distinct way. They have every right, since it is regulated at the state level. Navigating these issues requires careful consideration of both local and state regulations. Let us unpack this subject and examine its implications for Georgia landlords, property owners, and tenants.

Table of Contents

• An Overview of Georgia Habitability Laws
• What is Considered Uninhabitable Living Conditions in Georgia?
• What is a Warranty of Habitability?
• Contact BMG to Help You Navigate These Waters

An Overview of Georgia Habitability Laws

What does “habitability” in Georgia mean specifically? That’s important because while we’re talking about simple ideas about whether a place is suitable for living in, it’s ultimately a legal term. And the laws can be different in one state versus another. So let’s address the basics. In Georgia, landlords have a legal obligation to make sure that rental properties meet basic standards of health and safety.

While not encompassing every single issue, problems that might be included as being deemed uninhabitable (see below) are such things as leaking sewage, infestations of pests, faulty electrical systems, or unsafe structural conditions.

Keep in mind, landlords or property managers need to know about these things. It is up to tenants to let them know of their existence. This notification ideally should be delivered in writing, clearly identifying the problem and requesting action. Landlords are then obligated to address the reported issues within a reasonable amount of time, though the exact timeframe can vary depending on the severity of the issue.

What happens then? Hopefully, things will be taken care of. If a landlord does not make the required repairs, tenants may take further steps… and that could mean legal action. Options include seeking a court order to compel repairs, completing the repairs themselves and deducting the costs from rent, or ending the lease agreement.

What is Considered Uninhabitable Living Conditions in Georgia?

So what does this word “uninhabitable” mean? Again, it’s one of those things that you would think might be easy to define. But it isn’t. It gets into what is deemed legally “uninhabitable” because different people would have different interpretations and ideas of what it would mean. And it can vary some from state to state. So be careful. An experienced property manager or landlord should know that these terms matter. In Georgia, rental properties are considered uninhabitable when conditions pose a significant risk to the health or safety of tenants.

The “Safe at Home Act,” enacted in April 2024, establishes a minimum “duty of habitability.” So as you can see, new laws are put into place, so keeping up with these things is important. These regulations in Georgia require landlords to maintain properties in a condition fit for human occupancy and define many of these terms. It means that all plumbing, electrical, heating, and cooling that need to be accounted for and maintained, as well as any safety hazards need to be attended to.

Not all of the details are spelled out, though. While Georgia law doesn’t specify a timeframe, landlords are expected to address these issues within a reasonable period. If a landlord fails to make the required repairs, tenants may have legal recourse, such as repairing the issue themselves and deducting the cost from the rent, seeking a court order to enforce repairs, or terminating the lease agreement. It’s important to note that these remedies are only available when the tenant has taken all the required steps for requesting repairs.

Additionally, Georgia law prohibits landlords from retaliating against tenants who request necessary repairs. Retaliation can include actions such as eviction, rent increases, or lease terminations within 90 days of a tenant’s repair request. Tenants are protected from such retaliatory actions, ensuring they can exercise their rights without fear of retribution.

What is a Warranty of Habitability?

And now what does this “implied warranty of habitability” really mean? If you’ve ever rented a home or apartment, you might have heard the term thrown around, but here’s the gist: it’s a legal principle that requires landlords to maintain rental properties in a safe and livable condition. It’s called “implied” because it’s automatically part of every residential lease, even if it’s not explicitly mentioned. Essentially, it’s a built-in guarantee that landlords will keep the property in good shape.

In Georgia, this covers the basics tenants rely on for daily living—things like working plumbing, safe electrical systems, and functional heating and cooling. These aren’t just optional extras; they’re necessities landlords must provide and maintain throughout the lease term. Taking care of issues isn’t a one-time task either. Landlords have an ongoing responsibility to address problems as they arise.

The requirements go beyond basic repairs, too. Landlords must also meet local housing codes and health standards. For instance, they’re responsible for making sure that the property is free of hazards such as mold, infestations, or other unsafe conditions that could harm a tenant’s health. If landlords fail to meet these obligations after being notified, there are sorts of legal options that tenants have.

Contact BMG to Help You Navigate These Waters

Whether federal, state, or local landlord-tenant laws, it can be challenging for property owners to keep up. Especially now, the COVID pandemic has brought into sharp focus just how quickly regulations can change regarding evictions or other matters. Moreover, ignorance is not a viable defense for not knowing the law, however complicated it may be.

That said, hiring a professional property management company provides owners peace of mind that all daily operations are taken care of, including staying legally compliant. At Bay Property Management Group, our team of highly trained staff remains current on changing legal matters that impact our clients and the rental industry. So, if you would like to know how owning a rental property can be both profitable and less stressful – give us a call today.