MACON, Ga. — A 13WMAZ viewer reached out to us wondering if tenants can make needed repairs and get the amount they pay for the repairs deducted from the next month's rent. We set out to verify -- our sources are Nicole Grush an attorney who concentrates in landlord/tenant issues, and Shannon Mills, Supervising Attorney with Georgia Legal Services Program. Both say the short answer is 'yes' but there are specific steps tenant's should follow.
Jasmine Elzie is a renter in Warner Robins. She says it's important to get repairs resolved.
“I think that it should be addressed immediately instead of waiting for the situation to get out of hand, so if a tenant is saying, 'Hey, I have a leak,' or 'Have a funny smell,' or, 'I feel that something's not right,'” said Elzie.
So what can renters do if a landlord doesn't take care of a problem?
“Georgia has a process called "repair and deduct" that is pretty well-established in the case law, which allows a tenant, if they follow certain procedures, to have a repair done on the property that they live in if the landlord has not taken care of that repair adequately, and then deduct the amount of that bill from their next rent payment,” said Grush.
According to Grush and Mills, first step is to notify your landlord immediately of the repair needing to be done in writing. Next, give your landlord a reasonable amount of time to address the issue.
“You should expect your landlord to address a running leak faster than he or she may address a small hole in the wall -- reason being a running leak is something that's continuously going is urgent, it's affecting health and can cause more damage,” said Mills.
He says if the landlord doesn't act in a reasonable time, then your next step is to consider repairing the issue by hiring a professional.
Grush says let your landlord know you're going with that option, again in writing, and create a paper trail.
“The tenant needs to be very careful not to do anything that would be considered upgrade, you know, if it's something that improves it beyond the state it was in,” said Grush.
Grush and Mills say the final step is to get a copy of the receipt. You should submit that to your landlord -- but be mindful it can't be an issue you caused.
So we can verify, yes, a tenant can repair and deduct but you must follow the appropriate procedures.