Georgia Repairs & Tenant Remedies
Georgia rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No repair-and-deduct statute identified. The DCA Handbook describes the practice: notify the landlord in writing before repairing, use a qualified professional at reasonable cost, keep estimates and receipts, and deduct from the next rent; Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 11
The rules in Georgia
| Repair and deduct | No repair-and-deduct statute identified. The DCA Handbook describes the practice: notify the landlord in writing before repairing, use a qualified professional at reasonable cost, keep estimates and receipts, and deduct from the next rent; not for common areas, and the landlord may dispute necessity or cost. HB 876 (2025-2026 session), which would have created a statutory repair-and-offset right, stalled at House Second Readers (legis.ga.gov search, checked 2026-10-22). |
|---|---|
| Withholding rent | Not permitted as a general remedy; tenants generally must keep paying rent even if repairs are not made, or the landlord can begin eviction. Since HB 404 (2024), O.C.G.A. § 44-7-13 requires the landlord to keep the premises in repair, and every residential rental agreement, oral or written, is deemed to include a provision that the premises is 'fit for human habitation' (§ 44-7-13(b), verified from enrolled HB 404 text at https://www.legis.ga.gov/legislation/64363). The Act does not create a withholding remedy. |
| Landlord retaliation | Landlord may not retaliate because a tenant, in good faith, asserted a lease or legal right, asked for repairs or used a remedy under the landlord-tenant chapter, complained to a housing or code enforcement agency or a utility about a condition the landlord must fix, or formed or joined a tenant organization about habitability. A tenant makes a prima facie case of retaliation if, within 3 months after the protected act, the landlord files for eviction (with exceptions), deprives the tenant of use of the premises, reduces services, raises rent, terminates the lease, or materially interferes with the tenant's lease rights. Retaliation is a defense to eviction. Remedy: a civil penalty of one month's rent plus $500, court costs, reasonable attorney's fees if the conduct was willful, wanton or malicious, and declaratory relief, minus any rent or other sums the tenant owes. Official code not freely readable online; text verified on a public code mirror (code year 2024, current as of March 28, 2024). Not retaliation: eviction or termination for rent delinquent when notice was given or suit filed, intentional damage or threats to safety, serious misconduct or criminal acts, or holding over after proper notice; building-wide or lease-clause rent increases for utilities, taxes or insurance. The landlord may also rebut by showing the property passed a code inspection within the prior 12 months. The Legislative Counsel's summaries of general statutes enacted in 2025 and 2026 list no amendment to this section. Source: O.C.G.A. § 44-7-24 |
Related questions
Georgia vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| Georgia | No repair-and-deduct statute identified. The DCA Handbook describes the practice: notify the landlord in writing before repairing, use a qualified professional at reasonable cost, keep estimates and receipts, and deduct from the next rent; not for common areas, and the landlord may dispute necessity or cost. Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 11 | Not permitted as a general remedy; tenants generally must keep paying rent even if repairs are not made, or the landlord can begin eviction. Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 11 | Landlord may not retaliate because a tenant, in good faith, asserted a lease or legal right, asked for repairs or used a remedy under the landlord-tenant chapter, complained to a housing or code enforcement agency or a utility about a condition the landlord must fix, or formed or joined a tenant organization about habitability. A tenant makes a prima facie case of retaliation if, within 3 months after the protected act, the landlord files for eviction (with exceptions), deprives the tenant of use of the premises, reduces services, raises rent, terminates the lease, or materially interferes with the tenant's lease rights. Retaliation is a defense to eviction. Remedy: a civil penalty of one month's rent plus $500, court costs, reasonable attorney's fees if the conduct was willful, wanton or malicious, and declaratory relief, minus any rent or other sums the tenant owes. O.C.G.A. § 44-7-24 |
| Alabama | Not available. Alabama's Act does not include the URLTA self-help repair-and-deduct remedy; § 35-9A-403 is 'Reserved'. Instead, the tenant may give 14 days' written notice to terminate if the landlord does not fix a material habitability breach, and may sue for actual damages and injunctive relief. Ala. Code §§ 35-9A-401, 35-9A-403, 35-9A-404 | Not allowed. A tenant in possession may not withhold rent to enforce any right under the Act. In an action for possession or rent, the tenant may counterclaim but must pay accrued and accruing rent into court. Ala. Code §§ 35-9A-164, 35-9A-405 | A landlord may not retaliate by raising rent, decreasing services, or bringing or threatening an action for possession because the tenant (1) complained to a government code-enforcement agency about a health or safety violation, (2) complained to the landlord about a § 35-9A-204 maintenance violation, or (3) organized or joined a tenants' union. Remedies are those in § 35-9A-407 plus a defense to eviction. Ala. Code § 35-9A-501 |
| Florida | No statutory repair-and-deduct remedy for residential tenants. Fla. Stat. §§ 83.56(1), 83.60 | Allowed as a defense: tenant may withhold rent if the landlord materially fails to maintain the unit under § 83.51(1), but only after 7 days have passed since the tenant gave written notice specifying the problem and stating the intent to withhold. Court may reduce rent by the reduced value. In an eviction, a tenant raising any defense other than payment must deposit the alleged rent into the court registry within 5 days (excluding weekends and holidays) or lose the defense. Fla. Stat. § 83.60(1)(b), (2) | Landlord may not discriminatorily raise rent, reduce services, or sue/threaten to sue for possession primarily because the tenant in good faith complained to a government agency about code violations, organized or joined a tenant organization, complained to the landlord under § 83.56(1), exercised servicemember termination rights, paid an association after demand, or exercised fair housing rights. No statutory presumption period. Not a defense if the eviction is for good cause such as nonpayment or lease violations. Fla. Stat. § 83.64 |
| North Carolina | No statutory repair-and-deduct remedy. Tenant's remedies for breach of the landlord's repair duties are by civil action; tenant may not unilaterally withhold rent before a court determination. N.C. Gen. Stat. §§ 42-42, 42-44 | Not allowed: the tenant may not unilaterally withhold rent before a judicial determination of a right to do so. Rent and the landlord's fit-premises duties are mutually dependent, so a tenant may seek rent abatement/damages in court (including as a counterclaim). N.C. Gen. Stat. §§ 42-44(c), 42-41 | Protected acts: good-faith repair requests/complaints to the landlord, complaints to a government agency about health/safety/housing code violations, a government agency's formal complaint, good-faith efforts to enforce lease or legal rights, and tenant-organizing. Tenant may raise retaliation as a defense if the eviction is substantially in response to a protected act within 12 months before filing; if proven, the court denies ejectment. N.C. Gen. Stat. §§ 42-37.1, 42-37.2 |
| South Carolina | No. The Act expressly does not authorize tenants to make repairs and deduct the cost from rent. Limited exception: for a landlord's negligent/willful failure to supply essential services, after written notice and a reasonable time, the tenant may procure reasonable amounts of the service and deduct the actual reasonable cost. S.C. Code § 27-40-630 | No self-help withholding right. Landlord noncompliance may be raised as a defense/counterclaim in a possession or rent action, but the tenant must pay rent accruing after the Rule to Vacate into court and the rent allegedly owed before it, or face a warrant of ejectment. S.C. Code §§ 27-40-640, 27-40-790 | Landlord may not increase rent above fair-market value, decrease essential services, or bring a possession action because the tenant complained to a code-enforcement agency about a material health/safety violation or complained to the landlord about a violation of the Act. Retaliation is a defense to eviction, but the tenant must notify the landlord in writing within 10 days after service of the Rule to Vacate or Show Cause that the tenant intends to raise it. A retaliating landlord is liable for up to 3 months' rent or treble actual damages, whichever is greater, plus attorney's fees. S.C. Code § 27-40-910 |
| Tennessee | Limited to essential services, in URLTA counties. If the landlord deliberately or negligently fails to supply essential services (utilities such as gas, heat and electricity, and other duties materially affecting health and safety), the tenant must give written notice and may then choose ONE remedy: (A) obtain the services and deduct the actual, reasonable cost from rent; (B) recover damages for the reduced rental value while staying in the unit; or (C) obtain reasonable substitute housing, paying no rent during the noncompliance. Attorney's fees are recoverable. T.C.A. 66-28-502 | No general rent-withholding statute. The only rent excusal: in URLTA counties, a tenant who gets reasonable substitute housing because the landlord deliberately or negligently failed to supply essential services owes no rent during the noncompliance (after written notice). T.C.A. 66-28-502(a)(1)(C) | URLTA counties: a landlord may not retaliate by raising rent, cutting services, or bringing or threatening an eviction because the tenant complained to the landlord of a violation under 66-28-301 or used remedies under the URLTA. Exceptions: the landlord may still seek possession if the tenant's household caused the code violation, the tenant is behind on rent, or code compliance requires work that would effectively deprive the tenant of the unit. The statute sets no time-based presumption of retaliation. T.C.A. 66-28-514 |
City rules that may add to state law
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Georgia Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in Georgia?
No repair-and-deduct statute identified. The DCA Handbook describes the practice: notify the landlord in writing before repairing, use a qualified professional at reasonable cost, keep estimates and receipts, and deduct from the next rent; not for common areas, and the landlord may dispute necessity or cost. (Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 11)
Can a tenant withhold rent for repairs in Georgia?
Not permitted as a general remedy; tenants generally must keep paying rent even if repairs are not made, or the landlord can begin eviction. (Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 11)
Can a landlord retaliate against a tenant for complaining in Georgia?
Landlord may not retaliate because a tenant, in good faith, asserted a lease or legal right, asked for repairs or used a remedy under the landlord-tenant chapter, complained to a housing or code enforcement agency or a utility about a condition the landlord must fix, or formed or joined a tenant organization about habitability. A tenant makes a prima facie case of retaliation if, within 3 months after the protected act, the landlord files for eviction (with exceptions), deprives the tenant of use of the premises, reduces services, raises rent, terminates the lease, or materially interferes with the tenant's lease rights. Retaliation is a defense to eviction. Remedy: a civil penalty of one month's rent plus $500, court costs, reasonable attorney's fees if the conduct was willful, wanton or malicious, and declaratory relief, minus any rent or other sums the tenant owes. (O.C.G.A. § 44-7-24)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.