Introduction

This article provides general information about Georgia statutes related to tenant liability and premises safety. The information presented consists of direct quotations from Georgia law and does not constitute legal interpretation or advice.

Scenario

A tenant rents an apartment unit on Pine Street in Macon, Georgia. The tenant invites a guest to visit the apartment. While descending the interior stairs within the apartment unit, the guest trips and falls. The stairway has no handrail and adequate lighting. The tenant has exclusive control over the apartment unit under the lease agreement.

Georgia Law

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Landlord Duty to 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.”

Tenant’s Duty to Maintain

Georgia Code § 44-7-34: “A tenant for years must keep the tenement in repair, but he is not liable for ordinary wear and tear nor for the destruction of the premises by an act of God or of a public enemy.”

Landlord Liability for Common Areas

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.”

Conclusion

The scenario describes a guest who fell on stairs inside a tenant’s apartment in Macon, Georgia. Georgia Code § 51-1-2 addresses the general duty of care. Georgia Code § 44-7-13 and § 44-7-34 address landlord and tenant repair duties. Georgia Code § 51-3-1 addresses premises liability. These statutes establish the framework for tenant and landlord responsibilities under Georgia law.

FAQ

Q: What does Georgia Code § 51-1-2 state about the general duty of care? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

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 maintenance duty does Georgia Code § 44-7-34 impose on tenants? A: Georgia Code § 44-7-34 states: “A tenant for years must keep the tenement in repair, but he is not liable for ordinary wear and tear nor for the destruction of the premises by an act of God or of a public enemy.”

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

Q: Does Georgia Code § 51-3-1 apply to occupiers of land? A: Georgia Code § 51-3-1 applies to both “an owner or occupier of land.”

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.