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What are my options if my landlord is refusing to make necessary repairs or fix damages to my rental property in Georgia?

Picture of Chris Battis By   ·  2 minute read

As a lawyer, if your landlord is refusing to make necessary repairs or fix damages to your rental property in Georgia, you have several options to address the issue. Here are some potential courses of action:

  1. Request Repairs in Writing: Begin by sending a written request to your landlord detailing the necessary repairs or damages that need to be fixed. Georgia's Implied Warranty of Habitability requires landlords to provide tenants with a home that is safe and sanitary, so failure to make repairs may violate the lease agreement. Be specific in your request, document everything, and keep copies of any and all correspondence between you and your landlord.

  2. File a Complaint with the Local Housing Authority: If your landlord fails to respond to your written request or refuses to make necessary repairs, you can file a complaint with the local housing authority. In Georgia, the authority in charge of regulating housing conditions is the Georgia Department of Community Affairs (DCA). You can find more information on their website under the Office of Housing and Community Development. An inspector will then examine your rental unit and issue a report to your landlord. If the violations are identified, your landlord will be given a deadline to make repairs, and if the repairs are not made, the landlord may be fined.

  3. Withhold Rent: In some cases, Georgia law allows tenants to withhold rent if the landlord has failed to make necessary repairs. However, tenants need to follow specific steps and procedures before withholding rent. You must give your landlord proper notice that you will begin withholding rent if necessary repairs are not made within a certain amount of time. Georgia law requires that you give your landlord at least 14 days' notice before you begin withholding rent. The amount of rent you can withhold depends on the extent of the necessary repairs. If you choose to withhold rent, it is essential to make sure you have the legal right to do so before taking this action.

  4. Terminate Lease Agreement: If the necessary repairs are not made in a reasonable amount of time, you may be able to terminate your lease agreement. In Georgia, tenants can break their lease and move out if the landlord fails to provide a habitable home. To do so, you need to provide your landlord with written notice of your intent to terminate the lease if necessary repairs are not made, and wait a reasonable amount of time for the landlord to make the repairs. If the repairs are not made within the timeframe given, you can move out without any further legal obligations to the landlord.

It is important to note that before taking any of these steps, you should consult with an experienced attorney to ensure that you are following the legal requirements for your specific situation. Additionally, document everything and keep track of all correspondence with your landlord. Evidence is key when defending against possible eviction or legal fees.