Georgia Mold and Pest Infestation Demand Letter for Tenants

If you are renting a home or apartment in Georgia and dealing with mold growth, roach infestations, rodents, bed bugs, or other pest problems, your landlord has a legal duty to keep your unit safe and habitable. Georgia law requires landlords to maintain their rental properties in good repair, and a written demand letter is often the fastest way to get action. A clear, well-documented letter creates a paper trail, puts your landlord on notice, and protects your rights if you later need to sue in magistrate court or withhold rent for repairs. This page explains Georgia's repair laws, how a demand letter works in this state, and what to do if your landlord ignores your request to fix mold or pest problems.

Georgia tenant repair rights are governed primarily by O.C.G.A. § 44-7-13, which states that a landlord 'must keep the premises in repair.' This duty cannot be waived in a residential lease. Under O.C.G.A. § 44-7-14, landlords are responsible for damages arising from defective construction or failure to keep the premises in repair after being notified of the defect. Unlike many states, Georgia has no statutory implied warranty of habitability and no specific 'repair and deduct' statute, so the landlord's duty is enforced primarily through the general repair statute and case law. Mold caused by leaks, roof damage, plumbing problems, or HVAC issues typically falls within the landlord's repair duty because it stems from a structural or maintenance defect. Pest infestations such as rats, cockroaches, bed bugs, and termites are also generally the landlord's responsibility, particularly when caused by structural issues like gaps in walls, broken screens, or pre-existing infestations. However, if a pest problem is clearly caused by the tenant's own conduct (such as poor housekeeping), the tenant may bear responsibility. Georgia courts require that the tenant give the landlord notice of the defect and a reasonable time to repair before the landlord can be held liable. Local housing codes in cities like Atlanta, Savannah, and Augusta may add additional standards, and tenants can often file complaints with local code enforcement. If a landlord fails to repair after written notice, tenants may sue for damages, repair costs, diminished rental value, and in some cases personal injury or property damage caused by the unrepaired condition.

A demand letter is a critical first step in any Georgia mold or pest dispute because Georgia law requires the landlord to receive notice of the defect before liability attaches. Sending a written letter (rather than a phone call or text) creates clear, dated proof that the landlord was informed. Your letter should describe the specific problem in detail, identify when you first noticed it, list any health effects or property damage, request a specific repair, and set a reasonable deadline, typically 14 days for non-emergency repairs and shorter for serious health hazards like toxic mold or rodent infestations. Attach photos, videos, and any medical documentation if applicable. Send the letter by certified mail with return receipt requested, and keep a copy for your records. Email can supplement but should not replace certified mail. A strong demand letter often resolves the issue without litigation because landlords know that ignoring written notice exposes them to lawsuits, code enforcement complaints, and potential damages. If the landlord refuses or delays, your letter becomes Exhibit A in magistrate court. The letter should also reference O.C.G.A. § 44-7-13 and § 44-7-14 to show the landlord you understand your rights. Avoid threats or emotional language; stay factual, specific, and professional. If the condition is severe enough to threaten health, you may also notify local code enforcement and your county health department in parallel with the letter.

Georgia tenants can sue landlords in magistrate court (small claims) for up to $15,000 with no attorney required. Filing fees typically range from $50 to $100 depending on the county. The statute of limitations for breach of a written lease in Georgia is six years (O.C.G.A. § 9-3-24), and four years for personal injury claims. Before withholding rent or moving out, consult a Georgia attorney or legal aid organization, because Georgia does not have a formal repair-and-deduct statute and improper withholding can lead to eviction. Atlanta Legal Aid and Georgia Legal Services Program offer free help to qualifying tenants. Local code enforcement varies by city and county. Always document everything in writing.