Georgia CommonsHB 876: Property; provide residential tenants with the right to complete repairs required by landlord and offset rental installments by the reasonable cost of such repairs under certain circumstances
Introduced version, the latest LegiScan holds · Last action April 2, 2025 · Introduced
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Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
House Bill 876
By: Representatives Flournoy of the 74th, Dawson of the 65th, Jones of the 143rd, Herring of the 145th, and Frye of the 122nd
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 prohibit the landlord from taking adverse action against residential tenants under certain circumstances; to provide for a civil right of action and remedies; to provide a definition; 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.
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.
(a) As used in this Code section, the term 'material defect' means a defect for which repair is required by the landlord under the terms of the rental agreement or for which repair is required to ensure that:
(1) The premises is compliant with all applicable building, housing, fire, or health codes or regulations;
(2) The premises has plumbing and sewer systems in good working condition, including, but not limited to, access to hot and cold running water;
(3) The premises has heating, ventilation, and air conditioning systems in good working condition;
(4) The premises has electrical systems in good working condition; and
(5) Any fixtures or appliances supplied or required to be supplied by the landlord are in good working condition.
(a)(b) 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. (b)(c) Any contract, lease, license, or similar agreement, oral or written, for the use or rental of real property as a dwelling place is deemed to include a nonwaivable provision that the premises is fit for human habitation.
(d)(1) If, within 14 days of receiving written notice of a material defect, the landlord fails to repair such defect, the tenant may complete the repair through a preapproved licensed professional named in the lease agreement or identified by the landlord at the time the premises is rented or through any licensed professional if no such professional is preapproved by the landlord. 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 amount of such reduction shall not exceed 50 percent of the rental installment due and the tenant shall submit receipts for the repair to the landlord. If such repair costs exceed 50 percent of the rental installment due, the tenant may reduce subsequent rental installments until such costs are recovered, provided that no deduction shall exceed 50 percent of any rental installment due. A tenant shall not be entitled to reduce any rental installment for a repair made pursuant to this paragraph in an amount greater than the reasonable cost of such repair. Before repairing a material defect affecting facilities shared by more than one dwelling 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 material defect, the landlord fails to repair such defect, 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.
(e)(1) No landlord shall, based on a tenant's exercise of any rights provided under this Code section, terminate a rental agreement, refuse to renew a rental agreement, or take any other adverse action against a tenant.
(2) If a landlord, based on a tenant's exercise of any rights provided under this Code section, terminates a rental agreement, refuses to renew a rental agreement, or takes any other adverse action against a tenant, the aggrieved tenant may commence a civil action in the same manner and may seek the same remedies as provided in Code Section 8-3-217."
SECTION 2.
This Act shall apply to residential rental or lease agreements that are entered into on or after July 1, 2025, and to any renewals, modifications, or extensions of such agreements entered into on or after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.