Legal Question in Landlord & Tenant Law in Georgia

Withholding rent due to lack of repairs.

Are you allowed to withhold rent to a landlord due to their lack of repairs?


Asked on 9/18/03, 10:38 am

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Withholding rent due to lack of repairs.

Not unless it's so bad the place is untenantable. But you can use it to pay repairs yourself. Get some estimates and send copies to the landlord and tell him/her if he/she does not make the repairs by a date certain, you will pay them yourself and deduct them from the rent. Check your lease carefully and make sure these are repairs the landlord is required to make. Unless the lease disclaims some of this duty, the law basically requires the landlord to maintain the structure and major systems. But, be forewarned. If you do not have a lease for a specific term, but are month to month, the landlord could opt to give you a 60-day notice to quit and evict you. So, you have to weigh that against the need for these repairs and having him/her pay.

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Answered on 9/20/03, 1:25 pm


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