Georgia 2025-2026 Regular Session

Georgia House Bill HB876 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 60 0158
2	2	House Bill 876
3	3	By: Representatives Flournoy of the 74
4	4	th
5	5	, Dawson of the 65
6	6	th
7	7	, Jones of the 143
8	8	rd
9	9	, Herring of
10	10	the 145
11	11	th
12	12	, and Frye of the 122
13	13	nd
14	14
15	15	A BILL TO BE ENTITLED
16	16	AN ACT
17	17	To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to
18	18	1
19	19	landlord and tenant, so as to provide residential tenants with the right to complete repairs2
20	20	required by the landlord and offset rental installments by the reasonable cost of such repairs3
21	21	under certain circumstances; to provide residential tenants with the right to terminate a rental4
22	22	agreement under certain circumstances; to prohibit the landlord from taking adverse action5
23	23	against residential tenants under certain circumstances; to provide for a civil right of action6
24	24	and remedies; to provide a definition; to provide for applicability; to provide for related7
25	25	matters; to repeal conflicting laws; and for other purposes.8
26	26	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
27	27	SECTION 1.10
28	28	Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and11
29	29	tenant, is amended by revising Code Section 44-7-13, relating to landlord's duties as to 12
30	30	repairs and improvements, as follows:13
31	31	H. B. 876
32	32	- 1 - 25 LC 60 0158
33	33	"44-7-13.
34	34	14
35	35	(a) As used in this Code section, the term 'material defect' means a defect for which repair
36	36	15
37	37	is required by the landlord under the terms of the rental agreement or for which repair is16
38	38	required to ensure that:17
39	39	(1) The premises is compliant with all applicable building, housing, fire, or health codes18
40	40	or regulations;19
41	41	(2) The premises has plumbing and sewer systems in good working condition, including,20
42	42	but not limited to, access to hot and cold running water;21
43	43	(3) The premises has heating, ventilation, and air conditioning systems in good working22
44	44	condition;23
45	45	(4) The premises has electrical systems in good working condition; and24
46	46	(5) Any fixtures or appliances supplied or required to be supplied by the landlord are in25
47	47	good working condition.26
48	48	(a)(b) The landlord shall keep the premises in repair and shall be liable for all substantial27
49	49	improvements placed upon the premises by such landlord's consent.28
50	50	(b)(c) Any contract, lease, license, or similar agreement, oral or written, for the use or rental29
51	51	of real property as a dwelling place is deemed to include a nonwaivable provision that the30
52	52	premises is fit for human habitation.31
53	53	(d)(1) If, within 14 days of receiving written notice of a material defect, the landlord fails32
54	54	to repair such defect, the tenant may complete the repair through a preapproved licensed33
55	55	professional named in the lease agreement or identified by the landlord at the time the34
56	56	premises is rented or through any licensed professional if no such professional is35
57	57	preapproved by the landlord. After the repair is complete, the tenant may reduce the36
58	58	amount of the next rental installment due by the cost of such repair; provided, however,37
59	59	that the amount of such reduction shall not exceed 50 percent of the rental installment due38
60	60	and the tenant shall submit receipts for the repair to the landlord. If such repair costs39
61	61	exceed 50 percent of the rental installment due, the tenant may reduce subsequent rental40
62	62	H. B. 876
63	63	- 2 - 25 LC 60 0158
64	64	installments until such costs are recovered, provided that no deduction shall exceed41
65	65	50 percent of any rental installment due. A tenant shall not be entitled to reduce any rental42
66	66	installment for a repair made pursuant to this paragraph in an amount greater than the43
67	67	reasonable cost of such repair. Before repairing a material defect affecting facilities44
68	68	shared by more than one dwelling unit, the tenant shall notify all other tenants sharing45
69	69	such facilities of the plans for the repair and shall arrange the repair so as to create the46
70	70	least practicable inconvenience to the other tenants.47
71	71	(2) If, within 60 days of receiving written notice of a material defect, the landlord fails48
72	72	to repair such defect, the tenant may, after 30 days' written notice to the landlord,49
73	73	terminate the lease, provided that the tenant has not started or completed such repair50
74	74	pursuant to paragraph (1) of this subsection.51
75	75	(e)(1) No landlord shall, based on a tenant's exercise of any rights provided under this52
76	76	Code section, terminate a rental agreement, refuse to renew a rental agreement, or take any53
77	77	other adverse action against a tenant.54
78	78	(2) If a landlord, based on a tenant's exercise of any rights provided under this Code55
79	79	section, terminates a rental agreement, refuses to renew a rental agreement, or takes any56
80	80	other adverse action against a tenant, the aggrieved tenant may commence a civil action57
81	81	in the same manner and may seek the same remedies as provided in Code58
82	82	Section 8-3-217."59
83	83	SECTION 2.60
84	84	This Act shall apply to residential rental or lease agreements that are entered into on or after61
85	85	July 1, 2025, and to any renewals, modifications, or extensions of such agreements entered62
86	86	into on or after such date.63
87	87	SECTION 3.64
88	88	All laws and parts of laws in conflict with this Act are repealed.65
89	89	H. B. 876
90	90	- 3 -