Real Estate Tips |6 min read

What is Considered Uninhabitable Living Situations for a Tenant in Georgia​

There are all kinds of questions when managing your own property. They pile up. What contractor do I use? How do I get tenants to pay on time? What should be in a rental lease? It’s a mountain of questions that get answered over time, but it is a lot to take on. One question that comes up that truly needs an answer and one that can be specific to the state you are in such as Georgia is: what is considered uninhabitable living situations for a tenant in Georgia? If you’re wondering that, then you need answers quickly.

As one of the premiere Atlanta property management company options out there, we know a lot about making sure properties are kept within legal standards. While at the same time, we understand why owners, landlords, and others may be worried about it. It can get a little complicated and the answers are not usually spelled out in clear terms. Here we will break things down as best we can so there is a bit more clarity on the topic.

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What is Considered Uninhabitable Living Situations for a Tenant in Georgia​

When considering this question, one of the first things to note is that Georgia passed a new law (as of 2024) that greatly effects this issue. This “Safe at Home Act” sets into place new standards for tenants and a new “duty of habitability” that landlords need to know and be familiar with.

What is Considered Uninhabitable Living Situations for a Tenant in Georgia​? Tenants look as waters drips in buckets.According to previous regulations and this new law, property may be considered uninhabitable if it has issues that pose health or safety risks. This includes structural damage, persistent mold, or a lack of essential utilities like water, electricity, or heating. Landlords are legally obligated to maintain their properties in a livable condition and address hazards. It isn’t the most concrete law out there, since many things are still left for interpretation. But it is more robust than what was currently in place in Georgia.

The law also highlights the importance of prompt action – that is, by landlords – when habitability concerns come up. If a tenant reports an issue, for example, a pest infestation or a leaking roof – landlords need to respond within a reasonable timeframe. This or other Georgia laws do not include specifics on this matter other than to say a “reasonable” timeframe, so there is a certain amount that could be determined by legal professionals or a judge if it came to it. But ultimately, it is important to note that failure to meet the obligations can result in legal consequences that landlords and property owners would want to avoid.

FAQ Regarding Habitability in Georgia

It sure would be nice to go over some of the common questions that renters, landlords, and property owners often have on the matter. Let’s face it. There are bound to be some lingering questions. If you’re asking what is considered uninhabitable living situations for a tenant in Georgia, you’re surely in need of some answers. Some of these things get dicey and so knowing what is typically expected and required on both sides helps to navigate the situation with the least amount of messiness. You don’t want things to get messy. Let’s dive into a few of the more common questions.

What can renters do if their property is deemed uninhabitable in Georgia?

Woman looking at affected with mold walls in roomIf a rental property is uninhabitable, renters should first notify their landlord in writing. That is super important. As a tenant, you should outline the specific issues that need attention and make sure you can in the future note what was requested and when it was. Who knows if you may need that later? But also, this step is important because it gives the landlord an opportunity to address the problem.

If the landlord fails to make necessary repairs within a reasonable timeframe, tenants may have legal options. But that is why the first step is so important. Tenants (and landlords for that matter) should document things. Beyond that, if action is not taken in that “reasonable” timeframe, renters should consult a legal professional or tenant advocacy group to ensure they follow the proper procedures under Georgia law.

Are landlords responsible for mold and pest infestations in Georgia rentals?

Yes, landlords are responsible for addressing mold and pest infestations if these issues affect the habitability of the rental property. Under the new tenant protection law, landlords must maintain rental units in a safe and livable condition, which includes resolving hazards like mold or infestations.

Tenants should report these issues to their landlord as soon as they arise. Landlords are expected to take prompt action to resolve the problem, such as hiring pest control services or remediating mold.

What happens if a landlord refuses to address habitability issues in Georgia?

If a landlord refuses to address habitability issues, renters have several options under Georgia’s tenant protection law. As previously advised, tenants should provide written notice of the issue and allow the landlord a reasonable time to make repairs. If no action is taken, tenants can explore remedies such as reporting the landlord to local authorities or pursuing legal action.

In severe cases, renters may also have the right to terminate their lease without penalty. This law makes sure that tenants are not forced to stay in unsafe or unhealthy living conditions. Seeking guidance (as previously suggested) is highly recommended for renters navigating such situations. Searching for what is considered uninhabitable living situations for a tenant in Georgia is usually only the first step to getting the right help to work through these issues.

How Property Management with BMG Could Help You

Whether they are federal, state, or local landlord-tenant laws, it can be hard for landlords and property owners to keep up. While one person is asking what is considered uninhabitable living situations for a tenant in Georgia, another person in the same state is scrambling because they didn’t do their research and are getting in trouble for it. At the end of the day, ignorance is not a viable defense for not knowing the laws and regulations that apply to your work, however complicated it may be.

Contact Us Today! 

More and more, hiring a professional property management company seems like the answer to the problem. They provide owners peace of mind that all daily operations are taken care of, including staying legally compliant. At Bay Property Management Group, we have a team of highly trained staff that are current on changing legal matters that impact our clients and the rental industry, including Georgia and the Atlanta area. So, if you would like to know how owning a rental property can be both profitable and less stressful… give us a call today! We provide property services in Atlanta, Austin, Boston, Virginia, and a number of other states and cities.

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