that the landlord provide a written document releasing the tenant from the lease.
If the landlord will not let the tenant of t the lease, the landlord must make any
necessary repairs to the unit. Georgia law (O.C.G.A. §§ 44-7-13) states that in a residential lease
“[t]he landlord must keep the premises in repair.” This law requires that a landlord repair the
unit damaged by a natural disaster.
Georgia courts have recognized that whan landlord fails to make repairs that are
repair a unit damaged by flooding or any other nral disaster is a breach of his duty to the
tenant to keep the unit in good repair. When a landlord breaches his duty to a tenant, it can result
in what the courts call a “constructive eviction”which relieves the tenant from having to pay
rent. It may be possible to argue that the desruction of the property, unrepaired by the landlord,
is a constructive eviction, which would make ehtenant no longer responsible for paying the
What is a constructive eviction?
There are two elements necessary to sho there has been a constuctive eviction. They
are: (1) That the landlord’s failure to repair has made the unit an unfit place for the tenant to live,
and (2) That the unit cannot be restored to a ticondition by ordinary repairs. Put another way,
for damage to a residential unit to constitute a constructive eviction which would release the
tenant from the obligation to pay rent, there st be a failure by the landlord to make repairs
which leaves the unit unfit for the tenant to livin and not just uncomforable for the tenant to
live in. The tenant must also vacate the unit.
My lease requires the landlord to provide air conditioning. This summer it has been out of order for six weeks. I am paying for a service that is not being provided. Can I get an
adjustment on the rent? Landlords are not required toprovide air conditioning.
However, if a landlord rents a