Disclaimer: The following content is intended to inform the reader and is not intended to be legal advice.
In November of 2023, we brought together apartment residents to hear from experts in several disciplines, from specialized attorneys and policy makers, to advocates to discuss some of the most prevalent issues facing renters in Georgia. There are approximately 4.5 million renters in Georgia and slightly more than half of the residents right here in Sandy Springs are renters.
Whether you are an apartment renter or you know someone who is, it’s important to know the steps to take and the contacts to make in any given situation. Whether you have questions about your lease or, in the case of this blog, you’re dealing with maintenance issues in your apartment, we have the info you need to work through almost any problem you may encounter as an apartment resident.
When dealing with apartment maintenance issues it is important to know that your landlord is responsible for keeping your unit in good repair. This is determined by state minimums and includes: making sure your toilets work properly; ensuring that your faucets provide clean water; making sure that the locks on your doors work; having working heat and air conditioning systems; ensuring that the smoke detectors work and that your windows open properly, in case of an emergency; overseeing the community trash bin disposal; and keeping up with regular rodent and insect control measures.
If you are having issues with your landlord not responding to your requests for repairs, the first step you should take is to submit a request IN WRITING and TAKE PICTURES of the problem. If you communicate this issue to your landlord via a text, email or using the tenant portal, be sure to take a screenshot of the request with the date the request was submitted CLEARLY VISIBLE in the screenshot.
Without documentation it is easy for your request to be forgotten, ignored or disputed.
As a renter, it’s important to give your landlord a reasonable amount of time to fix the problem. A reasonable amount of time is discretionary, and some problems like a stopped up toilet should be addressed immediately, while others, like a stuck window, may take a bit more time.
However, if a reasonable amount of time has passed and you’ve made several requests (and documented all of the requests) to repair the same problem, it may be time to call the City of Sandy Springs Code Enforcement at 770-730-5600 or by using the Sandy Springs Works mobile app. Sandy Springs Works is available at no cost for iPhone in the Apple App Store and for Android in the Google Play store. The city has basic standards that need to be met by apartment owners and they can help in many cases to get your problem addressed. Click here to learn more about Sandy Springs Code Enforcement.
If management doesn’t respond in a reasonable time and your maintenance problem is something you can repair yourself or hire someone to do for you, Georgia’s “Repair and Deduct” provision allows you to get the repair done, then send the receipt for the repair and deduct that amount from the rent for that month. AGAIN, it is a good idea to take pictures and make sure you have documented several requests for the repair to be made by management before you decide to make arrangements to get it done yourself.
If your landlord refuses to accept less rent as a result of you having to get the repairs done yourself, or if your landlord tries to terminate your lease as a result of you requesting less rent under this provision, you may need to contact a lawyer. There are several legal aid resources listed at the end of this blog.
It is important to know the difference between Repair and Deduct and the act of withholding your rent. In Georgia, a renter cannot withhold rent because a landlord isn’t fixing something. You also cannot pay rent into an escrow account until the problem is fixed. Both of these actions are illegal. You must continue to pay your rent; if you stop paying rent due to an unaddressed repair, you will run the risk of forfeiting many of your rights as an apartment renter.
If your unaddressed maintenance concern is causing an unsafe or unhealthy living environment for you, such as leaking sewage, no locks on your does, or more, then you have the right to consider terminating your lease as the landlord has not addressed the problems that you’ve documented. If you reach this step, we highly recommend obtaining advice from an attorney. We have listed several attorneys and legal aid services that specifically handle disputes between renters and landlords at the end of this blog.
Resources:
Atlanta Volunteer Lawyers Foundation – provides free legal services to lower income residents, including handling landlord/tenant disputes, domestic violence/intimate partner abuse, evictions and more.
Esther Graff-Radford – private litigation attorney; tried the first landlord harassment case in Georgia.
Georgia Appleseed – Georgia Appleseed advocates for reforms large and small, local and statewide, that increase access for low-income children and their families to stable, healthy housing. Their Healthy Housing Advocacy Handbook provides useful information on how to access and advocate for more affordable housing in your community.
Atlanta Legal Aid Society – the Atlanta Legal Aid Society assists low income people with meeting basic needs and removes barriers to justice through civil legal assistance.
