I need advice and help!

[Kaldric]

Jurisdiction

Georgia

Here's the deal I am currently month to month, but I had a lease 2 years ago, and on that lease, it stated that the conditions continue until one of us stops it. it also states that the landlord is responsible for all interior and exterior repairs that is not the direct result of the tenant's fault. 4 days ago my water heater broke I called him up and told him that it needs replace, because it was flooding everywhere. He said he would only pay 500 and I had to pay the rest. so I went and decided to do deduct and repair. he said if i did he is raising my rent from 600 a month to 1000 a month. I already told him that keeping the house habitable was his legal obligation. and in where I live hot water is a requirement. should I continue with repair and deduct or sue him for negligence? also if I repair and deduct how long am I protected from being evicted =/raise the rent due to retaliation?

 

[army judge]

The situation you're in, and the circumstances will inevitably lead you to an unenviable conclusion.

As the condition of your unit deteriorates, so goes your relationship with your landlord.

If I were in your predicament, I'd start searching for my new home.

No one wins when the bickering begins.

Here are a tenant's rights on a month to month tenancy in Georgia. Just because a governmental unit purports you have certain rights don't infer its true. Often times the sparkly, shiny, jingly thing never becomes our reality, UNLESS we're FINANCIALLY well healed. Absent the moola, most critters only get to holla.
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Just because you are on a month-to-month lease doesn't mean you have fewer rights than the one on a fixed-term lease. Georgia law (GA Code Title 44 Chapter 7) grants all tenants equal rights (and responsibilities).

Below are answers to commonly asked questions regarding tenant rights on a month-to-month lease.

What Rights Do Tenants on a Month-to-Month Lease Have in Georgia?

Before enjoying these rights, you must have a valid lease with your landlord. Under Georgia law, a landlord and a tenant can establish a lease in either of three ways.

• Through a written agreement
• Verbal agreement
• If the landlord accepts a payment as rent

Once you've established a lease through either of these methods, you automatically obtain the following rights under Georgia law.

Right #1: Live in a habitable home.

As a tenant in Georgia, you obtain the right to live in a home that meets the state's basic health and safety codes. The state's warranty of habitability is governed by Georgia Annotated Code, § 44-7-13.

The warranty outlines all the requirements that make a unit fit for human habitation. At the state level, your landlord must provide you with the following amenities, lest it becomes uninhabitable.

Your city or county codes may also require your landlord to provide additional amenities. So, make sure to check those, too.

Right #2: Live in peace and quiet.

Your landlord cannot barge in unannounced. The implied warranty of quiet enjoyment guarantees you the right to peace and quiet once you become a renter in Georgia.

The landlord must meet three criteria before they can enter your rented premises. One, they must enter only for legitimate reasons. For instance, to inspect the unit, respond to an emergency, or show the unit to prospective renters or buyers.


Two, the landlord must enter only during normal business hours. While GA law doesn't specify what exactly is "normal working hours", this is broadly assumed to be between 8 am and 5 pm during weekdays. The lease may have specific provisions.

And three, the landlord must provide you "reasonable notice" outside of emergencies. Check the lease for any advance notice requirements.

Right #3: Exercise certain rights without being retaliated against.

You obtain the right to exercise certain rights without being retaliated against by the landlord. For example, the right to:

• Form or join a tenants' union to advocate for your rights.
• Report the landlord to the local health agency due to habitability violations by the landlord.

Your landlord cannot seek revenge or retaliate against you for exercising such rights. They cannot, for instance, try to evict you, raise your rent, or discriminate against you. That would be illegal!

Right #4: A fair eviction process.

Your landlord must follow the proper eviction process when trying to evict you from the property. They cannot just wake up one day and decide they no longer want you as their tenant. They must follow the law to the letter!


Including, having a legitimate reason for eviction, filing a lawsuit, attending court hearings, and obtaining the court order. From start to finish the process can take between one to three months.

Right #5: Equal and fair treatment.

Your landlord cannot discriminate against you, whether during the screening process, responding to repairs, or during any other interaction with you. They have a legal obligation to treat your fairly and equal based on 7 protected classes as per the Federal Fair Housing Act.

The classes are: race, color, religion, sex, nationality, familial status, and disability.

Can a Landlord Terminate a Month-to-Month Lease in Georgia?

Either party can terminate a periodic lease by serving the other a proper notice. But unlike most other states, landlords and tenants have different notice requirements.

For all other periodic notices, except in week-to-week leases, the landlord must serve the tenant a 60 days' advance notice. There is no statute requirement to terminate a week-to-week lease.


On the other hand, tenants only need to provide tenants with a 30 days' advance notice. This is regardless of the length of the lease term.

That said, if you are on a fixed-term lease, the landlord must wait for the entire period to end. This can be between 6- and 12 months. During this time, they cannot alter any terms of the lease, such as raise rent or terminate your lease. Unless, of course, the lease allows for such a provision.

Conclusion

As you can see, tenants on a month-to-month lease enjoy quite a lengthy list of rights under Georgia law. Knowing your rights can help you protect yourself against possible landlord exploitation and ensure fair treatment.

Disclosure: The content herein isn't a substitute for advice from a professional attorney. It's only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.

Month to Month Tenant Rights In Georgia: Know Your Rights!

Are you renting your GA apartment on a month-to-month basis? If you are, here are your rights under GA Code Title 44 Chapter 7!

landlordtenantresource.com

 

[adjusterjack]

The statutes posted by Army judge were last updated in 2013. 2022 appears to be the most recent.

2022 Georgia Code :: Title 44 - Property :: Chapter 7 - Landlord and Tenant

Justia Free Databases of US Laws, Codes & Statutes

law.justia.com

Many resources on the internet allude to the option of repair and deduct. Unfortunately, there is nothing in the statutes that allow it. In fact, one site makes the following comment:

However, withholding rent isn't one of the legal options you can take as a GA tenant. If you withhold rent for repairs, the landlord may be able to evict you from the property for lease violation.

Can You Withhold Rent for Repairs in Georgia? Know Your Rights

Yes, you can withhold rent for repairs in Georgia. You must, however, meet certain requirements before doing so. Click to learn more!

landlordtenantresource.com

 

[zddoodah]

Here's the deal I am currently month to month, but I had a lease 2 years ago, and on that lease, it stated that the conditions continue until one of us stops it.

Let me rephrase this:

Two years ago, you, as tenant, entered into a residential lease. It's not clear whether the lease was originally for a particular term, but if it was, that initial term has expired. The lease contains a standard provision that states that, upon expiration of the initial lease term, the tenancy converts to a month-to-month tenancy, with all other provisions of the lease remaining applicable.

Is all that accurate?

it also states that the landlord is responsible for all interior and exterior repairs that is not the direct result of the tenant's fault.

It would be better to have an exact quote.

should I continue with repair and deduct or sue him for negligence?

You don't have any basis for a negligence suit.

 

[Kaldric]

here is the exact things it stats on the lease

May continue to lease the Premises under the same terms of this Agreement under a month-to-month arrangement

30. Maintenance, Repairs, or Alterations: The Tenant shall, at their own expense and at all times, maintain premises in a clean and sanitary manner, and shall surrender the same at termination hereof, in as good condition as received, normal wear and tear excepted. The Tenant may not make any alterations to the leased premises without the consent in writing of the Landlord. The Landlord shall be responsible for repairs to the interior and exterior of the building. Ifthe Premises includes a washer, dryer, freezer, dehumidifier unit and/or air conditioning unit, the Landlord makes no warranty as to the repair or replacement of units if one or all shall fail to Page 6 of 10operate. The Landlord will place fresh batteries in all battery-operated smoke detectors when the Tenant moves into the premises. After the initial placement of the fresh batteries it is the responsibility of the Tenant to replace batteries when needed. A monthly "cursory" inspection may be required for all fire extinguishers to make sure they are fully charged

 

[zddoodah]

The Landlord shall be responsible for repairs to the interior and exterior of the building. If the Premises includes a washer, dryer, freezer, dehumidifier unit and/or air conditioning unit, the Landlord makes no warranty as to the repair or replacement of units if one or all shall fail to operate.

There are two issues here. Does a failed water heather fall within the scope of "repairs to the interior and exterior of the building"? An argument could be made that a water heater is no more part of the building than a dishwasher or refrigerator. The second sentence is interesting, but since mentions only specific appliances and doesn't have any "catch-all" language, I don't think it applies.

At the end of the day, if your lease doesn't expressly exclude the obligation to maintain hot water, I think your landlord is breaching the warranty of habitability by not providing it. That then raises the question of remedies, and I defer to the stuff that "adjusterjack" posted.

At the end of the day, your best course of action at this point seems to be to move. It's pretty clear that your landlord doesn't want you around anymore, and I can't see why you'd want to stay.

 

[Kaldric]

what about the new law/bill that passed recently? I think it was "safe at home Act" would that apply to this?

 

[zddoodah]

what about the new law/bill that passed recently? I think it was "safe at home Act" would that apply to this?

According to this article, "Prior to the Safe at Home Act [which apparently went into effect on July 1, 2024], Georgia was one of the few states that did not mandate 'habitability,' meaning landlords were not required to maintain their properties in a condition suitable for human habitation."

"The Act establishes a 'duty of habitability,' requiring landlords to maintain properties in a condition fit for human occupancy. This includes functional plumbing, electrical systems, heating, cooling and freedom from hazards like pest infestations, mold, and leaking roofs."

My prior response referenced the warranty/duty of habitability. I was not aware that this was a new concept in Georgia.