What can I do if my landlord won't fix uninhabitable conditions in Georgia?

1. Implied Warranty of Habitability — Georgia does not recognize an implied warranty of habitability. The landlord's duty is statutory under O.C.G.A. § 44-7-13: "keep the premises in repair," with strict liability for defects.

2. What Counts as Uninhabitable — Conditions causing injury or rendering premises unfit: defective plumbing, electrical hazards, structural collapse, vermin, mold, no heat, no hot water. Local codes (Atlanta Housing Code, etc.) supply detail.

3. Tenant Notice to Landlord — Georgia courts require actual or constructive notice of the defect plus a reasonable time to cure before liability attaches.

4. Repair-and-Deduct — Georgia has no statutory repair-and-deduct. Some case law (Lewis v. Smith) allows tenants to recover repair costs as damages in a separate suit, but tenants self-help at their own risk.

5. Rent Withholding / Escrow — Georgia has no rent escrow statute. Withholding rent will result in eviction; tenants must continue paying and sue for damages.

6. Constructive Eviction — Recognized: if defects substantially interfere with use, tenant may abandon and terminate the lease, suing for damages (Overstreet v. Rentz).

7. Affirmative Defense to Eviction — Habitability is generally not a defense to nonpayment eviction. The tenant must pay rent into court under O.C.G.A. § 44-7-54 to contest the eviction.

8. Damages & Penalties — Tenant may sue under O.C.G.A. § 44-7-14 for damages caused by landlord's failure to repair, including personal injury and property damage. No statutory attorney fees absent lease provision.

9. Retaliation Protection — Georgia has no general anti-retaliation statute; landlords may evict month-to-month tenants for nearly any reason with 60 days' notice (O.C.G.A. § 44-7-7).

This is legal information, not legal advice.