Georgia Tenant Rights on Mold in Rentals: What to Do

If you’re renting a home or apartment in Georgia and have discovered a mold problem, you may be feeling stressed and concerned about your health and rights. Mold in rentals can cause serious health issues and damage to personal property, especially in Georgia’s humid climate. Understanding Georgia tenant rights regarding mold, repair responsibilities, and the steps you can take is essential for protecting yourself and your home.

Understanding Mold and Your Rights as a Tenant in Georgia

Georgia law requires landlords to provide rental homes that are safe and livable. While there isn’t a separate state law specifically for mold, landlords must keep the property in ‘habitable’ condition under the Georgia Landlord-Tenant Act. This means addressing water leaks, plumbing issues, and situations that could lead to mold growth.^[1]

• Mold may make a home “uninhabitable” if it’s severe or affecting your health.
• Landlords must make repairs that are reasonably necessary to maintain basic living standards.
• Tenants are responsible for keeping the property reasonably clean and reporting problems quickly.

Who Handles Tenancy Issues in Georgia?

Georgia does not have a statewide housing tribunal just for renters. Housing disputes are usually managed by Georgia Magistrate Courts, which handle landlord-tenant disputes, including habitability and repair cases.

What Should Tenants Do If They Discover Mold?

If you see, smell, or suspect mold, it’s important to act quickly. Here are practical steps for renters:

• Document the problem: Take photos or videos of visible mold, leaks, or water damage.
• Notify your landlord in writing: Send a dated letter, email, or maintenance request describing the mold and requesting repairs.
• Keep records: Save all communications and copies of repair requests.

Required Forms and How to Use Them

• Georgia Tenant Repair Request Letter
  While Georgia does not have a government-issued standard form for repair requests, using a written Maintenance Request Letter is strongly recommended.
  
  Example: If you find mold beneath your bathroom sink, draft a letter titled "Tenant Repair Request" describing the damage, when you noticed it, and how it’s affecting your home. Send this by email or certified mail and keep a copy for your records.

For court actions, tenants may file in the local Magistrate Court using the Dispossessory Proceeding Form (commonly used for eviction, but may also be used in some habitability disputes). Always check with your county Magistrate Court for the correct forms and procedures.

What If the Landlord Doesn’t Respond?

If your landlord does not repair problems that lead to mold or fails to remove hazardous mold, you may have further options. Georgia law allows you to:

• Report code violations to your local county or city code enforcement office (for serious health and safety risks).
• Withhold rent is generally not permitted unless allowed by a local ordinance or by the court.
• Break your lease if the property becomes uninhabitable and the landlord will not make necessary repairs – but get legal advice before doing so.
• File a complaint or lawsuit in Magistrate Court for damages or repairs if the landlord fails to maintain the property.

It’s important to follow the proper legal process when dealing with landlord repair issues to protect yourself from possible eviction or other negative consequences.

How Georgia Law Protects Tenants

Georgia’s main rental law is found in the Official Code of Georgia Annotated (O.C.G.A.) § 44-7-13 (“Landlord’s duty to keep the premises in repair”). This law requires landlords to keep the property in good repair, including addressing mold caused by leaks or property defects. If the tenant caused the mold through negligence (not reporting water leaks, not ventilating bathrooms, etc.), the tenant could be responsible for remediation costs.^[2]

FAQ: Common Renter Concerns About Mold in Georgia

1. What should I do first if I find mold in my rental?
   Document the area with photos and contact your landlord in writing immediately, requesting repairs.
2. Can I stop paying rent if there’s mold in my apartment?
   No, Georgia generally does not allow rent withholding. Always pay rent unless advised otherwise by a court or attorney.
3. Who is responsible for paying for mold removal?
   The landlord must pay if mold is due to building issues or leaks. If you caused the mold by neglect, you could be responsible.
4. Can I break my lease because of mold?
   You may be able to end your lease if mold makes the home uninhabitable, but document everything and consider legal advice first.
5. Where can I report an unresolved mold problem?
   Contact your local code enforcement office and, if needed, file a case with your county Magistrate Court.

Conclusion: Key Points for Georgia Renters Facing Mold Problems

• Landlords must keep rentals in safe, livable condition – this includes addressing significant mold problems.
• Document the problem, notify your landlord in writing, and keep records of all communications.
• If the landlord won’t act, contact local code enforcement or take your case to Magistrate Court.

Need Help? Resources for Renters

• Georgia Magistrate Courts Landlord-Tenant Info
• Georgia Legal Services Program – Renters' Rights
• Georgia Department of Community Affairs – Renters & Landlords
• Check your city or county’s Code Enforcement Office for local complaint processes

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1. Georgia State Government – Tenant Rights Overview
2. O.C.G.A. § 44-7-13 – Landlord’s Duty to Repair

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