Housing · Repair and Deduct
Repair and Deduct in Georgia
How much of the rent a tenant can spend on a repair and subtract in Georgia, how often, the notice required, and the alternative if the state has no statutory remedy. Cited to the statute.
How repair and deduct works in Georgia
The cost cap or the alternative remedy, the notice steps, and the limits that apply.
| How it works | What it means |
|---|---|
| The statute sets a duty, not a self-help remedy | O.C.G.A. §44-7-13 says the landlord shall keep the premises in repair, and the 2024 Safe At Home Act added a fitness-for-habitation term. But Chapter 7 gives the tenant no statutory way to withhold rent or to repair and deduct. |
| Repair-and-deduct comes from case law | Georgia courts allow a tenant, after notice and a reasonable time, to make a needed repair and look to the landlord for reimbursement, or to recoup the cost against a suit for rent. This is a judge-made remedy, not a statute, so there is no dollar cap and no set day-count. |
| Do not simply withhold rent | Withholding rent is not a protected remedy in Georgia. A tenant who stops paying, even in a unit in poor condition, risks eviction. The safer paths are a damages suit under §44-7-14 or a documented repair used as a recoupment defense. |
| Limits and alternatives | What it means |
|---|---|
| Tenant-caused conditions | The landlord’s duty is to maintain the premises. A condition the tenant, a family member, or a guest caused is not the landlord’s responsibility, and the case-law repair remedy does not reach it. |
| Lease terms and small repairs | Because the remedy is judge-made, a tenant should keep any repair reasonable in cost, give written notice of the intent to repair and deduct, and save every estimate and receipt. A court, not a statute, decides whether the deduction was justified. |
What you can do right now
Concrete, neutral steps if the landlord will not repair in Georgia. This is legal information, not legal advice.
- Do not just stop paying rent
Georgia does not protect rent withholding. Stopping payment can get you evicted even when repairs are overdue. Document the problem and use notice instead.
- Give written notice and a reasonable time
Put the needed repair in writing and give the landlord a reasonable chance to fix it. Keep a copy and proof of delivery, since there is no statutory day-count.
- If you repair, keep it reasonable and documented
Any case-law repair-and-deduct is judged after the fact. Get estimates, use a licensed repairperson, keep receipts, and deduct only a reasonable amount from the next rent.
- Talk to a Georgia tenant resource
Because the remedy is judge-made and easy to get wrong, Georgia Legal Aid or a licensed Georgia attorney can advise. The State Bar of Georgia can point you to a referral service.
Repair remedies have strict notice steps, and using the wrong one can put your tenancy at risk. This resource can connect you with a tenant hotline or a licensed attorney.
→ State Bar of Georgia · For the PublicThis is general legal information, not legal advice. Notice steps, caps, and local ordinances can change the answer, so confirm your situation with a tenant resource or a licensed attorney.
What Georgia tenants get wrong about repair and deduct
Georgia is a state where the code itself gives a tenant no repair-and-deduct remedy, and that gap traps people. Title 44, Chapter 7 sets the landlord’s duty to keep the premises in repair under O.C.G.A. §44-7-13, and the 2024 Safe At Home Act added a term that a rental is fit for human habitation. What the chapter does not contain is any statutory right to withhold rent or to hire a contractor and subtract the cost from rent. Georgia courts have filled part of that gap: after the tenant gives notice and a reasonable time, a tenant may make a needed repair and look to the landlord for reimbursement, or recoup the cost against a suit for rent. Because that remedy is judge-made, there is no dollar cap and no fixed waiting period, and it is decided after the fact by a judge weighing whether the repair and the amount were reasonable. The dangerous move is to simply withhold rent, which Georgia does not protect and which risks eviction. A tenant’s safer tools are a damages suit under §44-7-14, or a carefully documented repair used as a recoupment defense.
Common questions
Can a tenant repair and deduct in Georgia?
Not by statute. Title 44, Chapter 7 gives no repair-and-deduct right. Georgia courts allow a limited version through case law: after notice and a reasonable time, a tenant may repair and seek reimbursement or recoup the cost against a rent suit. There is no statutory cap.
Is there a dollar limit on repair-and-deduct in Georgia?
No statutory limit exists because there is no statute. The remedy is judge-made, so a court decides whether the repair and the amount were reasonable. Keep the cost modest, get estimates, and save receipts.
Can I withhold rent for repairs in Georgia?
No. Georgia does not protect rent withholding. A tenant who stops paying, even in a unit in poor condition, can be evicted. Use written notice, a damages claim under §44-7-14, or a documented repair as a recoupment defense instead.
What is the landlord’s repair duty in Georgia?
Under O.C.G.A. §44-7-13 the landlord shall keep the premises in repair, and since the 2024 Safe At Home Act a lease is deemed to include a fitness-for-habitation term. That duty is the basis for a tenant’s damages or recoupment claim.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.