Introduction

This article examines Georgia statutes concerning landlord duties and premises liability in the context of structural failures at rental properties.

Scenario

A tenant rents an apartment unit with a balcony on Poplar Street in Macon, Georgia. While the tenant and guests stand on the second-floor balcony, the structure collapses. The balcony detaches from the building and falls to the ground. Multiple people sustain injuries in the collapse. The apartment complex underwent its last inspection three years prior to the incident.

Georgia Law

Landlord’s Duty to Keep Premises in Repair

Georgia Code § 44-7-13: “The landlord must keep the premises in repair. He shall be liable for all substantial improvements placed upon the premises by his consent.”

Landlord’s Liability for Damages

Georgia Code § 44-7-14: “The landlord is responsible for all substantial repairs to the premises and is liable for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.”

Premises Liability for Dangerous Conditions

Georgia Code § 51-3-1: “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Notice of Defects

Georgia Code § 44-7-14: “If the tenant fails to notify the landlord of any defects which the tenant knows about or reasonably should know about in sufficient time before the injury occurs to allow the landlord to repair such defects, and if the landlord, after notification of the defects, fails or refuses after a reasonable time to make such repairs, then the landlord is liable for damages subsequently arising from such defects.”

Conclusion

The scenario describes a balcony collapse at an apartment complex in Macon, Georgia. Georgia Code § 44-7-13 requires landlords to keep premises in repair. Georgia Code § 44-7-14 addresses landlord liability for damages from defective construction or failure to maintain. Georgia Code § 51-3-1 establishes premises liability duties. These statutes establish the framework for landlord responsibilities under Georgia law.

FAQ

Q: What repair duty does Georgia Code § 44-7-13 impose on landlords? A: Georgia Code § 44-7-13 states: “The landlord must keep the premises in repair. He shall be liable for all substantial improvements placed upon the premises by his consent.”

Q: What does Georgia Code § 44-7-14 state about landlord liability for defects? A: Georgia Code § 44-7-14 states the landlord “is liable for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.”

Q: How does notice affect landlord liability under Georgia law? A: Georgia Code § 44-7-14 addresses situations where “the tenant fails to notify the landlord of any defects” and states the landlord is liable if, “after notification of the defects, fails or refuses after a reasonable time to make such repairs.”

Q: Where are landlord-tenant laws found in the Georgia Code? A: Landlord-tenant laws are found in Georgia Code Title 44, Chapter 7.

Q: Does Georgia Code § 51-3-1 apply to landlords? A: Georgia Code § 51-3-1 applies to any “owner or occupier of land” who invites others onto the premises.

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.