Landlord-Tenant Law in Georgia: 44-7-6 Tenancy at Will & 44-7-13 Landlord’s Duty to Repair

Mike Nelson
Mike Nelson

Disclaimer – We are not attorneys and we are not trying to provide you with legal advice.  We are trying to provide you with a ready reference to Georgia law regarding the landlord tenant relationship and share some techniques our company uses to comply with those laws. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider.  If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.  We encourage you to read the code for yourself and consult your own attorney before making any final decisions regarding your actions.

44-7-6  TENANCY AT WILL

Many people mistakenly think of any month to month lease as a “tenancy at will” but this is not the case.  What 44-7-6 says is that “Where no time is specified for the termination of a tenancy, the law construes it to be a tenancy at will.”  If your tenant signed a lease at move in, and that lease has language that, after the initial term the lease will be continued on a month to month basis, then you do not have a tenancy at will. If you have a well drafted lease form then all of the other clauses in your lease would still be applicable. One of those clauses may require that either party, not just the tenant, has to provide a 60 day notice before terminating the agreement. If you do end up with a tenancy at will, then the landlord would have to provide the tenant with a 60 day notice to vacate but the tenant would only be required to provide a 30 day notice to the landlord in order to vacate.

44-7-13  LANDLORD’S DUTY TO REPAIR

In Georgia, in a residential lease, it is the landlord’s obligation to keep the property in good repair. Changing your lease to say the tenant is responsible for repairs does not transfer this obligation. The judge that rules on any dispute is likely to explain to the landlord that the tenant can not sign away their rights. The tenant can be held responsible for maintaining the property, such as cutting the grass and keeping the interior clean and habitable. And the landlord can charge back any repairs to the tenant that are a result of the tenant’s abuse or neglect of the property. But if the house was rented with an air-conditioner, and the air-conditioner breaks during the tenancy, then the landlord must repair or replace that air-conditioner.

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