Can I hold my Georgia landlord responsible for failing to make a known repair?

· 3 min read

A landlord’s failure to fix a known defect is one of the clearest paths to liability under Georgia law, because the statute that limits a landlord’s responsibility specifically preserves it for failures to keep the premises in repair. The key word is “known,” since notice is usually what turns an unaddressed defect into a basis for a claim.

The repair duty and its limits

Georgia imposes a repair obligation on landlords through O.C.G.A. § 44-7-13, which provides that the landlord shall keep the premises in repair. Separately, O.C.G.A. § 44-7-14 confirms that even after the landlord parts with possession, the landlord remains responsible for damages arising from the failure to keep the premises in repair. Together, these provisions mean a landlord cannot simply ignore a defect and disclaim all responsibility.

But the repair duty is not a guarantee against every injury. A claim based on a failure to repair generally requires showing several things:

  • Notice. The landlord knew or should have known of the defective condition. Direct notice, such as a tenant’s repair request or complaint, is the strongest form.
  • Opportunity. The landlord had a reasonable chance to make the repair and did not.
  • Causation. The unrepaired defect, rather than some other factor, caused the injury.

Why notice is so important

Because the tenant occupies the unit and controls daily conditions, the landlord is often not in a position to discover problems without being told. That makes documented notice central. A defect the landlord was warned about, in writing, and left unrepaired for an unreasonable time fits squarely within the statutory exception for failure to repair. By contrast, a sudden condition the landlord had no knowledge of, and no realistic way to learn about, is harder to pin on the landlord.

Useful evidence includes repair requests, written or texted complaints, maintenance logs, prior incidents involving the same defect, and any inspection records.

If a tenant ignored or mishandled the very hazard they had flagged for repair, O.C.G.A. § 51-12-33 lets that carelessness trim the award by the tenant’s assigned percentage, with nothing recoverable once the tenant’s share hits 50%.

The bottom line

A Georgia landlord can be held responsible for failing to make a known repair, because O.C.G.A. § 44-7-13 and § 44-7-14 preserve liability for failure to keep the premises in repair. Such a claim generally rises or falls on proof that the landlord had notice of the defect and a reasonable chance to fix it before the injury.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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