Last Updated on May 8, 2024 by Kelvin Nielsen
As a tenant in Georgia, state law guarantees you certain rights. Among these is the right to live in a home that meets the basic structural, health, and safety codes. Other rights guaranteed under Chapter 7, Title 44 of GA Codes include the following.
But, what exactly does the law say when it comes to air conditioning? The following are answers to commonly asked questions regarding the topic.
What are Georgia Landlords’ Responsibilities for Providing Habitable Homes?
The state’s Warranty of Habitability (§ 44-7-13) governs a landlord’s obligation to provide habitable living conditions. This legal requirement is often referred to as the “Implied Warranty of Habitability.”
It outlines the specific responsibilities landlords have when it comes to providing habitable premises, as well as the tenant options when those responsibilities are unmet.
The GA Habitability Laws require landlords to provide the following amenities for a home to be deemed habitable.
Do Landlords Have to Provide Air Conditioning in Georgia?
No! Landlords in Georgia are not required to provide air conditioning in their rental properties.
However, if the landlord chooses to provide it, then you may be able to obtain certain rights. Including, the right to:
- Have requested repairs made within a “reasonable period” after properly notifying the landlord.
- Repair the issue yourself and make appropriate deductions from future rent payments.
- Go to court to compel the landlord to make the repairs.
- Seek compensation for any damages that result from a lack of air conditioning in your unit.
- Break the lease agreement in severe cases.
Please note that you cannot withhold rent in Georgia when it comes to repairs.
How can Tenants Request for Air Conditioning Repairs in Georgia?
If the air conditioning your landlord has provided you has broken down, you’ll need to send them a proper notification. This means doing the following.
- Make the request in writing. A simple letter or an email will suffice. This will ensure you have a record of the request should there be any potential future misunderstandings.
- Be specific about the details. Let the landlord know the exact problem. For instance, refrigerant leaks or drainage problems.
- Keep copies of the issue. Always maintain a copy of the repair requests for your records.
GA requires landlords to make requested repairs within a reasonable time. Unfortunately, there is no legal definition of a “reasonable timeframe.” Check your lease for further clarification.
Conclusion
GA landlord tenant law doesn’t require landlords to provide tenants with air conditioning. In other words, air conditioning is not a requirement under the state’s habitability laws.
However, if the landlord chooses to provide it, then they must repair and maintain it throughout your tenancy.
Sources: GA Code Title 44 Chapter 7, O.C.G.A § 44-7-13, Georgia Landlord-Tenant Handbook
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.
Hi, I’m Kelvin Nielsen, an experienced landlord and accomplished real estate lawyer. My focus is on answering your questions about renting in the hopes of making your life as a renter or a landlord a bit easier.
