House Bill 1007
By: Representatives Berry of the 56th, Frye of the 122nd, Ridley of the 22nd, Sanchez of the
42nd, Bell of the 75th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to
landlord and tenant, so as to provide residential tenants with the right to complete repairs
required by the landlord and offset rental installments by the reasonable cost of such repairs
under certain circumstances; to provide residential tenants with the right to terminate a rental
agreement under certain circumstances; to provide for definitions; to provide a short title; to
provide for applicability; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Essential Services for Renters Act."
SECTION 2.
Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and
tenant, is amended by revising Code Section 44-7-13, relating to landlord's duties as to
repairs and improvements, as follows:
"44-7-13.
<ins>(a) As used in this Code section, the term:
(1) 'Essential service' means any sanitary plumbing or sewer service; electrical service;
gas service used for heating, hot water, or cooking; heating, ventilating, and air
conditioning service; or hot and cold running water service. Such term includes any
fixture or appliance supplied by, or required to be supplied by, the landlord by law or by
contract, lease, license, or similar agreement, oral or written.
(2) 'Necessary repair' means any defect within the interior of a tenant's residential unit
that requires repair by the landlord under the terms of a contract, lease, license, or similar
agreement, oral or written; or to ensure the continuity of an essential service.
(3) 'Premises' means any residential real property rented or leased pursuant to a contract,
lease, license, or similar agreement, oral or written, for use as a dwelling place. Such
term includes common areas shared with other tenants, including, but not limited to,
hallways, lobbies, stairways, elevators, recreational areas, or other shared facilities.
(4) 'Residential unit' means any portion of a premises intended for use as a private
dwelling place over which a tenant has exclusive use and possession. Such term shall not
include any common areas shared with other tenants, including, but not limited to,
hallways, lobbies, stairways, elevators, recreational areas, or other shared facilities.
(a)(b)</ins> The landlord shall keep the premises in repair and shall be liable for all substantial
improvements placed upon the premises by such landlord's consent.
<del>(b)(c)</del> Any contract, lease, license, or similar agreement, oral or written, for the use or
rental of <del>real property as a dwelling place</del> <ins>any premises</ins> is deemed to include a provision
that the premises is fit for human habitation, <ins>which shall include, but shall not be limited
to, compliance with any requirements of applicable building and housing codes affecting
health and safety.
(d)(1) If, within 14 days of receiving written notice of a necessary repair, the landlord
fails to complete such repair, the tenant may complete the repair through a preapproved
</ins>
<ins>licensed professional named in the lease agreement or previously identified by the
landlord in a written notice to the tenant or, if no such professional is preapproved by the
landlord, through any licensed professional. After the repair is complete, the tenant may
reduce the amount of the next rental installment due by the cost of such repair; provided,
however, that the tenant shall submit receipts for the repair to the landlord. If such repair
costs exceed the amount of the rental installment due, the tenant may reduce subsequent
rental installments until such costs are recovered. No tenant shall reduce any rental
installment for a repair made pursuant to this paragraph in an amount greater than the
reasonable cost of such repair. Before completing a necessary repair affecting facilities
shared by more than one residential unit, the tenant shall notify all other tenants sharing
such facilities of the plans for the repair and shall arrange the repair so as to create the
least practicable inconvenience to the other tenants.
(2) If, within 60 days of receiving written notice of a necessary repair, the landlord fails
to complete such repair, the tenant may, after 30 days' written notice to the landlord,
terminate the lease, provided that the tenant has not started or completed such repair
pursuant to paragraph (1) of this subsection.
(3) The provisions of this subsection shall not apply to a necessary repair caused by the
intentional or negligent acts or omissions of a tenant."
</ins> SECTION 3.
This Act shall apply to residential rental or lease agreements that are entered into on or after
July 1, 2026, and to any renewals, modifications, or extensions of such agreements entered
into on or after such date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.