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.
<ins>(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)</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 real property as a dwelling place is deemed to include a <ins>nonwaivable</ins> provision that the
premises is fit for human habitation.
<ins>(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
</ins>
<ins>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."
</ins> 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.