Georgia Senate - 1995/1996 Sessions

SB 599 - Landlord/Tenant - tenant's remedy of repair/deduction for defects

Page Numbers - 1/ 2/ 3/ 4

Code Sections - 44-7-13.1

1. James  35th


Senate Comm: Judy       /         House Comm:            /                                          
Senate Vote: Yeas       Nays                                                                        
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/23/96   Read 1st time                                                                
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended:                                                                              


SB 599 96                                          LC 10 1419

      SENATE BILL 599

      By:  Senator James of the 35th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 1 of Chapter 7 of Title 44 of the Official
  1- 2  Code of Georgia Annotated, relating to general provisions
  1- 3  applicable to the landlord and tenant, so as to provide for
  1- 4  a tenant's remedy of repair and deduction for minor defects;
  1- 5  to provide that a landlord upon written notification by the
  1- 6  local department of health or other state, county, or
  1- 7  municipal agency that there exists a condition on the
  1- 8  premises which constitutes a health or safety violation of
  1- 9  housing, building, or fire safety codes, shall commence
  1-10  repairs of the condition within five business days of the
  1-11  notification with a good faith requirement that the repairs
  1-12  be completed as soon as possible; to provide an extended
  1-13  period of time in which to make repairs under certain
  1-14  circumstances; to provide that under certain circumstance
  1-15  the landlord may require a substitute workman or substitute
  1-16  materials in the making of repairs; to provide that a
  1-17  landlord upon written notification by the tenant of any
  1-18  defective condition on the premises which is in material
  1-19  noncompliance with housing, building, or fire safety codes
  1-20  or with the rental agreement, shall commence repairs of the
  1-21  condition within 12 business days of the notification with a
  1-22  good faith requirement that the repairs be completed as soon
  1-23  as possible; to provide an extended period of time in which
  1-24  to make repairs under certain circumstances; to provide that
  1-25  if a landlord fails to perform as required by this Act, the
  1-26  tenant may make or have the necessary repairs made and
  1-27  deduct from his or her rent a limited amount to cover the
  1-28  tenant's actual expenses; to require the tenant to notify
  1-29  the landlord of all known conditions of noncompliance with
  1-30  health or safety codes or the rental agreement; to provide
  1-31  that the failure of the tenant to notify the landlord of all
  1-32  conditions of noncompliance known to the tenant shall estop
  1-33  the tenant for a certain period from requiring the landlord
  1-34  to correct such conditions or having the conditions
  1-35  corrected at the landlord's expense pursuant to the
  1-36  provisions of this Act; to limit the amount a tenant may
  1-37  charge to the landlord's expense; to provide an exception


                             S. B. 599
                                 -1- (Index)

                                                  LC 10 1419

  2- 1  when the condition complained of by the tenant was caused by
  2- 2  the want of due care by the tenant, a member of the tenant's
  2- 3  family, or other person on the premises with the tenant's
  2- 4  consent; to require the tenant to notify other tenants
  2- 5  before correcting a condition in certain cases where the
  2- 6  correction is to facilities or utilities shared with other
  2- 7  tenants; to repeal conflicting laws; and for other purposes.

  2- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  2- 9  Article 1 of Chapter 7 of Title 44 of the Official Code of
  2-10  Georgia Annotated, relating to general provisions applicable
  2-11  to the landlord and tenant, is amended by adding between
  2-12  Code Sections 44-7-13 and 44-7-14 a new Code Section
  2-13  44-7-13.1 to read as follows:

  2-14    "44-7-13.1. (Index)

  2-15    (a) Notwithstanding the provisions of Code Section
  2-16    44-7-13, the landlord upon written notification by the
  2-17    local department of health or other state, county, or
  2-18    municipal agency that there exists a condition on the
  2-19    premises which constitutes a health or safety violation of
  2-20    housing, building, or fire safety codes, shall commence
  2-21    repairs of the condition within five business days of the
  2-22    notification with a good faith requirement that the
  2-23    repairs be completed as soon as possible; provided,
  2-24    however, that if the landlord is unable to commence the
  2-25    repairs within five business days for reasons beyond the
  2-26    landlord's control, the landlord shall inform the tenant
  2-27    of the reason for the delay and set a reasonable tentative
  2-28    date on which repairs will commence, provided such
  2-29    commencement date is within 30 days.

  2-30    (b) If the landlord fails to perform in the manner
  2-31    specified in subsection (a) of this Code section, the
  2-32    tenant may:

  2-33      (1) Immediately do or have done the necessary repairs in
  2-34      a workmanlike manner and, upon submission to the
  2-35      landlord of receipts amounting to at least the sum
  2-36      deducted, deduct from the tenant's rent not more than
  2-37      $300.00 for the tenant's actual expenditures for work
  dd  dÇ?
¸‚@d.?
¸‚@d•?
¸‚@dü?
¸‚@dc
?
¸‚@dÊ
?
¸‚@d1?


  2-39      (2) Submit to the landlord at least five business days
  2-40      before having the work done, written signed estimates


                             S. B. 599
                                 -2- (Index)

                                                  LC 10 1419

  3- 1      from each of two qualified workmen and proceed to have
  3- 2      done the necessary work by the workman who provides the
  3- 3      lowest estimate; provided, however, that the landlord
  3- 4      may require in writing a reasonable substitute workman
  3- 5      or substitute materials; and, upon submission to the
  3- 6      landlord of receipts amounting to at least the sum
  3- 7      deducted, the tenant may deduct $300.00 or one month's
  3- 8      rent, whichever is greater, for the tenant's actual
  3- 9      expenditures for work done to correct the health or
  3-10      safety violation.

  3-11    (c) Notwithstanding the provisions of Code Section
  3-12    44-7-13, the landlord, upon written notification by the
  3-13    tenant of any defective condition on the premises which is
  3-14    in material noncompliance with housing, building, or fire
  3-15    safety codes or with the rental agreement, shall commence
  3-16    repairs of the condition within 12 business days of the
  3-17    notification with a good faith requirement that the
  3-18    repairs be completed as soon as possible; provided,
  3-19    however, that if the landlord is unable to commence
  3-20    repairs within 12 business days for reasons beyond the
  3-21    landlord's control, the landlord shall inform the tenant
  3-22    of the reason for the delay and set a reasonable tentative
  3-23    date on which the repairs will commence, provided such
  3-24    commencement date is within 30 days. In any case involving
  3-25    repairs, except those required due to misuse by the
  3-26    tenant, to electrical, plumbing, or other facilities or
  3-27    utilities, including major appliances provided by the
  3-28    landlord pursuant to the rental agreement, necessary to
  3-29    provide sanitary and habitable living conditions, the
  3-30    landlord shall commence repairs within three business days
  3-31    of receiving oral or written notification, with a good
  3-32    faith requirement that the repairs be completed as soon as
  3-33    possible; provided, however, that if the landlord is
  3-34    unable to commence repairs within three business days for
  3-35    reasons beyond the landlord's control, the landlord shall
  3-36    inform the tenant of the reasons for the delay and set a
  3-37    reasonable tentative date on which repairs will commence,
  3-38    provided such commencement date is within 15 days.

  3-39    (d) If the landlord fails to perform in the manner
  3-40    specified in subsection (c) of this Code section, the
  3-41    tenant may immediately do or have done the necessary work
  3-42    in a workmanlike manner, and upon submission to the
  3-43    landlord of receipts amounting to at least the sums
  3-44    deducted, deduct from the tenant's rent not more than


                             S. B. 599
                                 -3- (Index)

                                                  LC 10 1419

  4- 1    $300.00 for the tenant's actual expenditures for work done
  4- 2    to correct the defective condition.

  4- 3    (e) At the time the tenant initially notifies the landlord
  4- 4    under subsection (c) of this Code section, the tenant
  4- 5    shall list every condition that the tenant knows or should
  4- 6    know of noncompliance under subsection (c) of this Code
  4- 7    section, in addition to the objectionable condition that
  4- 8    the tenant then intends to correct or have corrected at
  4- 9    the landlord's expense. Failure by the tenant to list such
  4-10    a condition that the tenant knew of or should have known
  4-11    of shall estop the tenant from requiring the landlord to
  4-12    correct it and from having it corrected at the landlord's
  4-13    expense under this Code section for a period of six months
  4-14    after the initial notification to the landlord. Total
  4-15    correction and repair work costs under this Code section
  4-16    chargeable to the landlord's expense during each six-month
  4-17    period shall not exceed an amount equal to three months'
  4-18    rent.

  4-19    (f) In no event may a tenant repair a dwelling unit at the
  4-20    landlord's expense when the condition complained of was
  4-21    caused by the want of due care by the tenant, a member of
  4-22    the tenant's family, or other person on the premises with
  4-23    the tenant's consent.

  4-24    (g) Before correcting a condition affecting facilities or
  4-25    utilities shared by more than one dwelling unit, the
  4-26    tenant shall notify all other tenants sharing such
  4-27    facilities of the tenant's plans, and shall so arrange the
  4-28    work as to create the least practicable inconvenience to
  4-29    the other tenants."

                         SECTION 2.

  4-30  All laws and parts of laws in conflict with this Act are
  4-31  repealed.













                             S. B. 599
                                 -4- (Index)