HB1007: HB1007 Essential Services for Renters Act; enact

26 LC 60 0204 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 to1 landlord and tenant, so as to provide residential tenants with the right to complete repairs2 required by the landlord and offset rental installments by the reasonable cost of such repairs3 under certain circumstances; to provide residential tenants with the right to terminate a rental4 agreement under certain circumstances; to provide for definitions; to provide a short title; to5 provide for applicability; to provide for related matters; to repeal conflicting laws; and for6 other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 This Act shall be known and may be cited as the "Essential Services for Renters Act."10 SECTION 2.11 Chapter 7 of Title 44 of the Official Code of Georgia Annotated , relating to landlord and12 tenant, is amended by revising Code Section 44-7-13, relating t o landlord's duties as to13 repairs and improvements, as follows:14 H. B. 1007 - 1 - 26 LC 60 0204 "44-7-13.15 (a) As used in this Code section, the term:16 (1) 'Essential service' means any sanitary plumbing or sewer service; electrical service;17 gas service used for heating, hot water, or cooking; heating, v entilating, and air18 conditioning service; or hot and cold running water service. S uch term includes any19 fixture or appliance supplied by, or required to be supplied by, the landlord by law or by20 contract, lease, license, or similar agreement, oral or written.21 (2) 'Necessary repair' means any defect within the interior of a tenant's residential unit22 that requires repair by the landlord under the terms of a contract, lease, license, or similar23 agreement, oral or written; or to ensure the continuity of an essential service.24 (3) 'Premises' means any residential real property rented or leased pursuant to a contract,25 lease, license, or similar agreement, oral or written, for use as a dwelling place. Such26 term includes common areas shared with other tenants, including , but not limited to,27 hallways, lobbies, stairways, elevators, recreational areas, or other shared facilities.28 (4) 'Residential unit' means any portion of a premises intende d for use as a private29 dwelling place over which a tenant has exclusive use and possession. Such term shall not30 include any common areas shared with other tenants, including, but not limited to,31 hallways, lobbies, stairways, elevators, recreational areas, or other shared facilities.32 (a)(b) The landlord shall keep the premises in repair and shall be liable for all substantial33 improvements placed upon the premises by such landlord's consent.34 (b)(c) Any contract, lease, license, or similar agreement, oral or w ritten, for the use or35 rental of real property as a dwelling place any premises is deemed to include a provision36 that the premises is fit for human habitation, which shall include, but shall not be limited37 to, compliance with any requirements of applicable building and housing codes affecting38 health and safety.39 (d)(1) If, within 14 days of receiving written notice of a necessary repair, the landlord40 fails to complete such repair, the tenant may complete the repair through a preapproved41 H. B. 1007 - 2 - 26 LC 60 0204 licensed professional named in the lease agreement or previousl y identified by the42 landlord in a written notice to the tenant or, if no such professional is preapproved by the43 landlord, through any licensed professional. After the repair is complete, the tenant may44 reduce the amount of the next rental installment due by the cost of such repair; provided,45 however, that the tenant shall submit receipts for the repair to the landlord. If such repair46 costs exceed the amount of the rental installment due, the tenant may reduce subsequent47 rental installments until such costs are recovered. No tenant shall reduce any rental48 installment for a repair made pursuant to this paragraph in an amount greater than the49 reasonable cost of such repair. Before completing a necessary repair affecting facilities50 shared by more than one residential unit, the tenant shall notify all other tenants sharing51 such facilities of the plans for the repair and shall arrange t he repair so as to create the52 least practicable inconvenience to the other tenants.53 (2) If, within 60 days of receiving written notice of a necessary repair, the landlord fails54 to complete such repair, the tenant may, after 30 days' written notice to the landlord,55 terminate the lease, provided that the tenant has not started o r completed such repair56 pursuant to paragraph (1) of this subsection.57 (3) The provisions of this subsection shall not apply to a necessary repair caused by the58 intentional or negligent acts or omissions of a tenant."59 SECTION 3.60 This Act shall apply to residential rental or lease agreements that are entered into on or after61 July 1, 2026, and to any renewals, modifications, or extensions of such agreements entered62 into on or after such date.63 SECTION 4.64 All laws and parts of laws in conflict with this Act are repealed.65 H. 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