Tenant Law in Georgia
The relationship between a landlord and tenant in Calhoun, Georgia can sometimes be a touchy one. Landlords and tenants are not always clear on their respective rights and responsibilities.
Landlords and tenants have to navigate a web of legal rights and obligations. It's essential that the parties to a landlord/tenant relationship know what obligations they have to one another.
Landlord's Rights in Calhoun, GA
The most basic right that landlords have is the right to be paid the agreed-upon rent by their tenant. Obviously, renting apartments is how landlords make a living, so they are entitled to collect the rent that the tenant agreed to pay.
Landlords also have a right to be free from damage to the rented unit. Tenants are expected not to damage their dwellings, intentionally or negligently. Landlords can deduct the cost of repairs from the tenant's security deposit. In general, tenants are not responsible for damage resulting from ordinary wear and tear.
Tenant's Rights in Calhoun, GA
Much like landlords have a right to get paid for the service they provide, tenants have a right to get what they pay for: a suitable place to live. In Calhoun, Georgia, all residential rental agreements carry an "implied warranty of habitability." This means that a landlord implicitly guarantees that any residence he or she rents will be fit for human habitation. In general, an unit will be automatically deemed uninhabitable if it lacks running water, electricity, heat, and adequate protection from the elements. There are many more factors that can be considered, as well, but those are some of the basics.
In addition to habitable living spaces, tenants also have a right to reasonably safe common areas. Common areas include lobbies, hallways, and stairwells - basically anything that everyone living in an apartment complex has access to. These common areas must meet the building standards of Calhoun, Georgia, and must not contain any unnecessary safety hazards.
Under the laws of Georgia, and the United States, discrimination in housing on the basis of race, religion, or gender is strictly prohibited. Moreover, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to permit the renter to make reasonable modifications to their apartment, to make it more accessible. Generally, landlords are only required to allow relatively minor and reversible modifications, and tenants cannot compel them to remodel the building, for example. Also, once the tenant leaves, the landlord can bill the tenant for the costs of restoring the apartment to its original condition.
Finally, tenants are legally protected from arbitrary eviction. Landlords usually must have a very good reason to evict a tenant before the lease agreement reaches the end of its term (at this point, they are of course allowed to decline to renew the lease). Of course, if the tenant breaches the lease agreement (such as by failing to pay rent, damaging the property, or violating other reasonable rules the landlord has put in the lease), the landlord, like a party to any other contract, is free to terminate the agreement and evict the breaching tenant.
Can a Calhoun, Georgia Landlord/Tenant Lawyer Help?
Landlords and tenants generally want to avoid conflict with one another. However, conflicts are sometimes unavoidable. If you end up in a major dispute with a landlord or a tenant, a knowledgeable Calhoun, Georgia landlord/tenant attorney can help.