2021 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 1 - In General
§ 44-7-13. Landlord's Duties as to Repairs and Improvements

The landlord must keep the premises in repair. He shall be liable for all substantial improvements placed upon the premises by his consent.

(Orig. Code 1863, § 2266; Code 1868, § 2258; Code 1873, § 2284; Code 1882, § 2284; Civil Code 1895, § 3123; Civil Code 1910, § 3699; Code 1933, § 61-111.)

- Prohibition against waiving landlord's duties by contractual agreement, § 44-7-2(b)(1).

- For article, "Exculpatory Clauses in Leases," see 15 Ga. B.J. 389 (1953). For article, "Usufructs and Estates for Years Distinguished," see 18 Ga. St. B.J. 116 (1982). For note advocating reasonable man standard for tort liability of landlord, see 23 Emory L.J. 1051 (1974). For note, "Don't Let the Bed Bugs Bill: Landlord Liability for Bed Bug Infestations," see 34 Ga. St. U. L. Rev. 479 (2018). For comment on Midtown Chain Hotels Co. v. Bender, 77 Ga. App. 723, 49 S.E.2d 779 (1948), see 11 Ga. B.J. 352 (1949).

ANALYSIS

• General Consideration
• Duties of Landlord
• Notice
• Rights and Duties of Tenant

RESEARCH REFERENCES

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, § 618 et seq.

- 51C C.J.S., Landlord and Tenant, §§ 366 et seq., 387 et seq.

- Breach of lessor's agreement as ground of liability for personal injury to tenant or one in privity with latter, 8 A.L.R. 765; 78 A.L.R.2d 1238.

Status of one employed by landlord to perform work on premises who enters or remains without consent or against protest of tenant, 10 A.L.R. 715.

Effect of noninhabitability of leased dwelling or apartment, 13 A.L.R. 818; 29 A.L.R. 52; 34 A.L.R. 711.

Rights and remedies of tenant upon landlord's breach of covenant to repair, 28 A.L.R. 1448; 28 A.L.R.2d 446.

Necessity of notice to landlord as condition of asserting breach of express covenant to repair, 28 A.L.R. 1525.

Measure of damages for breach of landlord's covenant to heat, or furnish hot water for, premises leased for business or manufacturing purposes, 28 A.L.R. 1550.

Transfer or devolution of reversion as carrying lessee's covenants to repair, or to yield up in repair, 34 A.L.R. 782.

Liability of landlord for personal injuries due to defective halls, stairways, and the like, for use of different tenants, 39 A.L.R. 294; 58 A.L.R. 1411; 75 A.L.R. 154; 97 A.L.R. 220.

Extent of lessee's obligation under express covenant as to repairs, 45 A.L.R. 12; 20 A.L.R. 782.

Landlord's responsibility to third persons for conditions created during tenancy as affected by renewal of the lease, or a new lease subject to the original lease, 49 A.L.R. 1418.

Liability of landlord for injury to person or property of tenant or his privies, from defects in heating or lighting plant or plumbing, 52 A.L.R. 864.

Conclusiveness of appraisal of buildings or other improvements under provision of lease for compensation to tenant on termination of lease, 53 A.L.R. 697.

Rights and remedies of parties where landlord fails to exercise option to renew lease at end of term or pay lessee for improvements, 63 A.L.R. 1158.

Breach of covenant to furnish heat for building or room other than dwelling or apartment as an eviction, 69 A.L.R. 1093.

Constructive notice by record of true title or interest as affecting right to compensation for improvements, 82 A.L.R. 921.

Equitable lien on real property in favor of one who makes advances or expenditures to improve the same, 89 A.L.R. 1455.

Rights as between surviving spouse and holder of leasehold interest under a lease from deceased spouse in respect of improvements made pursuant to provisions of lease, 92 A.L.R. 1382.

Common-law duty of landlord as regards installation and maintenance of fire equipment, 122 A.L.R. 167.

Lessor as subject to income tax in respect of improvements or additions by lessee, 138 A.L.R. 238.

Validity, construction, and application of statute or ordinance which precludes recovery of rent in case of occupancy of building which does not conform to building and health regulations, or where certificate of conformity has not been issued, 144 A.L.R. 259.

Landlord's liability for injury to person or damage to property as affected by his making of repairs in absence of obligation to do so, 150 A.L.R. 1373.

Covenant respecting condition of premises as requiring indemnity for amount paid or liability incurred on account of injury to third person or his property, 157 A.L.R. 623.

Lease of premises as affecting owner's liability for injury arising out of condition in highway connected with use of property, 160 A.L.R. 825.

Breach of lessor's agreement to repair as ground of liability for personal injury to tenant or one in privity with latter, 163 A.L.R. 300; 78 A.L.R.2d 1238.

Statute requiring property to be kept in good repair as affecting landlord's liability for personal injury to tenant or his privies, 17 A.L.R.2d 704.

Extent of lessee's obligation under express covenant as to repairs, 20 A.L.R.2d 1331.

Tenant's right to lien, in absence of agreement therefor, for improvements made on leased premises, 25 A.L.R.2d 885.

Landlord's liability for injury to tenant's person or property caused by water overflowing from defective appliances in other premises of landlord, 26 A.L.R.2d 1044.

Liability of landlord to tenant or member of tenant's family, for injury by animal or insect, 67 A.L.R.2d 1005.

Clause of lease providing for payment of taxes by lessor as applicable to increase in real estate taxes occasioned by lessee's improvements, 68 A.L.R.2d 1289.

Landlord's liability for personal injury or death of tenant or his privies from heating system or equipment, 86 A.L.R.2d 791.

Landlord's liability for personal injury or death of tenant or privies from electrical system or equipment, 86 A.L.R.2d 838.

Improvements and betterments insurance, 97 A.L.R.2d 1243.

Effect, on nonsigner, of provision of lease exempting landlord from liability on account of condition of property, 12 A.L.R.3d 958.

Premises liability: proceeding in the dark as contributory negligence, 22 A.L.R.3d 286.

Who, as between landlord and tenant, must make, or bear expense of, alterations, improvements, or repairs ordered by public authorities, 22 A.L.R.3d 521.

Landlord's liability for damage to tenant's property caused by water, 35 A.L.R.3d 143.

Modern status of the rule absolving a possessor of land of liability to those coming thereon for harm caused by dangerous physical conditions in which the injured party knew and realized the risk, 35 A.L.R.3d 230.

Modern status of rules as to existence of implied warranty of habitability or fitness for use of leased premises, 40 A.L.R.3d 646.

Landlord's failure to repair as aggravated negligence or similar fault, 40 A.L.R.3d 795.

Tenant's right, where landlord fails to make repairs, to have them made and set off cost against rent, 40 A.L.R.3d 1369.

Liability of owner or operator of park for mobile homes or trailers for injuries caused by appliances or other instruments on premises, 41 A.L.R.3d 324.

Landlord's liability for injury or death due to defects in areas of building (other than stairways) used in common by tenants, 65 A.L.R.3d 14.

Liability of landlord for personal injury or death due to inadequacy or lack of lighting on portion of premises used in common by tenants, 66 A.L.R.3d 202.

Landlord's liability for personal injury or death due to defects in appliances supplied for use of different tenants, 66 A.L.R.3d 374.

Landlord's liability for injury or death due to defects in outside walks, drives, or grounds used in common by tenants, 68 A.L.R.3d 382.

Landlord's liability to tenant's child for personal injuries resulting from defects in premises, as affected by tenant's negligence with respect to supervision of child, 82 A.L.R.3d 1079.

Failure of landlord to make, or permit tenant to make, repairs or alterations required by public authority as constructive eviction, 86 A.L.R.3d 352.

Liability for injuries in connection with ice or snow on nonresidential premises, 95 A.L.R.3d 15.

Landlord and tenant: violation of statute or ordinance requiring landlord to furnish specified facilities or services as ground of liability for injury resulting from tenant's attempt to deal with deficiency, 63 A.L.R.4th 883.

Landlord's liability to third party for repairs authorized by tenant, 46 A.L.R.5th 1.

Comparative negligence, contributory negligence and assumption of risk in action against owner of store, office, or similar place of business by invitee falling on tracked-in water or snow, 83 A.L.R.5th 589.