Landlord Disputes and Georgia’s New Safe at Home Act
Navigating landlord-tenant relationships can be a challenging aspect of the rental experience. While the vast majority of landlords and tenants strive for a harmonious arrangement, disputes are not uncommon. In Georgia, the introduction of the Safe at Home Act addresses some of these conflicts and can pose complications for landlords. The Boudreaux Law Firm in Augusta sheds some light on this new law.
Understanding Landlord Disputes
Landlord disputes can arise from various issues, including:
- Rent Payments: Disagreements over payment schedules, amounts or penalties for late payments.
- Security Deposits: Conflicts about the return of security deposits at the end of a lease period or deductions that landlords claim for damages.
- Maintenance and Repairs: Landlords are responsible for keeping properties safe and habitable. Disputes may occur if repairs are neglected or if tenants believe that they are being unreasonable about maintenance requests.
- Lease Violations: Issues may arise when either party believes the other has violated the lease terms, whether through unauthorized occupants or inappropriate behavior.
- Evictions: Eviction processes can be contentious, particularly if tenants believe they have been evicted without just cause.
Georgia’s Safe at Home Act
In April 2023, Governor Brian Kemp signed Georgia’s “Safe at Home Act.” This legislation establishes a minimum standard of “duty of habitability,” mandating that landlords and property owners provide rental housing that is suitable for living and free from health and safety hazards. Many of the law’s provisions went into effect in 2024.
Statistics indicate that over 16% of rental units across the United States encounter at least one issue related to habitability, which may include deficiencies such as inadequate plumbing, missing kitchen facilities (including non-functioning appliances) or the absence of smoke detectors. In Georgia specifically, it is estimated that around 582,000 households— approximately 15% of homes in the state — face significant problems related to housing habitability.
Key Provisions of the Act
Under Georgia’s new law, landlords must keep rental properties in good repair and ensure they are habitable. If a maintenance issue is not addressed, tenants can take legal action against the landlord for failing to provide a livable environment.
The law ensures tenant protections by requiring landlords to maintain rental units and address maintenance requests. It also limits security deposit fees to no more than two months’ rent, helping renters secure affordable housing without financial strain.
The law also includes a provision requiring landlords to give tenants at least three days’ notice before pursuing eviction for non-payment of rent or lease nonrenewal. Before “HB404,” landlords could file for eviction without any prior notice.
Impact on Landlords and Tenants
Understanding the provisions of the Safe at Home Act is essential for landlords to comply with and avoid potential liability. This may require adjustments in how they handle lease agreements, termination notices and eviction processes.
Georgia Landlord and Tenant Disputes
Landlord disputes can be complex, but understanding and complying with Georgia’s Safe at Home Act can help foster a safer and more equitable rental environment. Contact The Boudreaux Law Firm in Augusta with your landlord or property owner questions or disputes concerning the Safe at Home Act.
