Your Apartment, Your Rights: Understanding landlord duties and safe living spaces
John Adams: Your apartment, your rights
Real estate expert John Adams joins Good Day Atlanta to talk about what your rights are as a tenant and what you need to do to protect yourself in the the state of Georgia.
ATLANTA - Today, we’re digging into an issue that hits home for many in metro Atlanta: renting. Whether you live in a Midtown high-rise or a quiet suburban duplex, knowing your rights as a tenant is essential.
Join John for a chat on our Facebook page at approximately 8:30 a.m. this morning!
To help break it down, FOX 5 turned to our own real estate expert, John Adams. A veteran broker, landlord and consumer advocate with more than 40 years of experience in metro Atlanta, John has seen it all.
Q: John, let’s dive in. Many of our viewers are renters, and the rules around landlord and tenant responsibilities can be confusing. What’s the most important first step a renter should take to protect themselves?
A: The most critical thing a renter can do is document everything—before moving in. Conduct a detailed walkthrough of the entire unit, ideally with the landlord or property manager. Take photos and videos of every corner: walls, floors, ceilings, appliances, bathrooms, kitchens and even closets. Your camera should time-stamp these images. Note any damage, no matter how small—a scratch on a counter, a loose tile, a sticky window.
Q: So that documentation becomes a record of the unit’s condition?
A: Exactly. That initial documentation, along with the signed move-in inspection, helps protect renters from being charged for existing damage later. It also sets the stage for reporting maintenance issues during the lease.
Q: What if problems arise after moving in? Say, a broken AC unit or a leaky ceiling—what rights do renters have under Georgia law?
A: Georgia’s "Safe at Home Act" establishes a duty of habitability for landlords, meaning they must provide and maintain a home that’s safe, sanitary and in good repair. That includes working plumbing, heat, electricity and structural soundness. The law doesn’t define "habitability" in detail, but serious issues—like a broken air conditioner in the summer or a leak causing mold—definitely qualify.
Q: What should renters do when something goes wrong?
A: Communicate clearly and in writing. Send an email or letter to your landlord describing the problem and when it started. Keep copies of everything, and include photos or videos if possible. If there's no response, follow up politely—but persistently.
Q: What’s considered a "timely" response?
A: The law doesn’t define that either—it’s up to a judge. Minor issues, like a dripping faucet, might reasonably take a week. But a broken water heater in winter? That should be fixed within 24 hours. Judges may also consider external factors. Years ago, during a cold snap, plumbers were booked solid. In cases like that, delays might be considered reasonable.
Q: What about more serious issues like mold, pests, or truly unsafe conditions? What if a landlord doesn’t take action?
A: In those cases, tenants may have legal options. Georgia law allows for something called "repair and deduct," where the tenant fixes the issue and subtracts the cost from rent—but only under specific conditions. This should only be done with legal guidance. Calling code enforcement is another option, but once lawyers or inspectors get involved, cooperation from the landlord often disappears. That’s why I emphasize polite, persistent communication first.
Q: So if all else fails, there is help—but use it carefully?
A: Exactly. Tenants can contact local housing code enforcement, which may require landlords to fix serious problems. But it’s best to view that as a last resort. Most issues can be resolved through clear, courteous, and consistent communication.
Q: John, what’s the bottom line here for metro Atlanta renters?
A: Two things:
First, read your lease carefully before signing. Know your responsibilities—and your landlord’s.
Second, if something’s wrong with the property, report it in writing and follow up respectfully. That’s your best protection.
John Adams is a longtime FOX 5 Atlanta real estate expert, broker, landlord and consumer advocate. He has helped Georgia residents navigate real estate issues for more than 15 years.