New tenant rights legislate landlord repair obligations in housing code

House Bill 876, introduced in the Georgia House Legislature on March 28, 2025, aims to enhance tenant rights by establishing clearer standards for rental property maintenance and repair obligations. The bill defines "material defects" in rental properties, outlining specific conditions under which landlords must ensure their properties are habitable and compliant with health and safety codes.

Key provisions of the bill include a requirement for landlords to maintain essential systems such as plumbing, heating, ventilation, air conditioning, and electrical systems in good working order. Additionally, the bill mandates that any rental agreement includes a nonwaivable provision ensuring the premises are fit for human habitation.

One of the most significant aspects of House Bill 876 is the process it establishes for tenants to address unresolved material defects. If a landlord fails to repair a reported defect within 14 days of receiving written notice, tenants are permitted to hire a licensed professional to make the necessary repairs. They can then deduct the repair costs from their next rent payment, up to 50% of the rental installment due, provided they submit receipts to the landlord.

The bill has sparked notable debate among lawmakers and stakeholders. Proponents argue that it empowers tenants and holds landlords accountable for maintaining safe living conditions, which is particularly crucial in a state where housing quality has been a growing concern. Critics, however, express worries that the bill may impose undue burdens on landlords, potentially leading to increased rental costs or reduced housing availability.

The implications of House Bill 876 could be significant, as it seeks to address longstanding issues of tenant rights and housing quality in Georgia. Experts suggest that if passed, the bill could lead to improved living conditions for many renters, while also prompting landlords to be more proactive in property maintenance. The bill's future will depend on ongoing discussions in the legislature and the balance between tenant protections and landlord interests.