Georgia splits the answer based on possession. A landlord who has “fully parted with possession and the right of possession” of the rental answers to third persons only for “defective construction” or “failure to keep the premises in repair,” under O.C.G.A. § 44-7-14. A landlord who kept control of common areas owes the ordinary care duty in § 51-3-1.
| Where and how | Rule | Key question |
|---|---|---|
| Inside the unit, tenant has possession | § 44-7-14 | Did the landlord build it, or know it needed repair? |
| Stairwell, pool, parking lot the landlord controls | § 51-3-1 | Did the landlord know or should it have known? |
| Assault in a common area, on or after April 21, 2025 | §§ 51-3-50 to 51-3-57 | A known physical condition and prior similar conduct; tenants under eviction are excluded |
| Tenant's dog bites a visitor | § 44-7-14 first sentence protects a landlord from a tenant's negligence | Generally not the landlord's liability |
“Failure to repair” turns on notice. Section 44-7-13 places the repair duty on the landlord, and a written maintenance request is good evidence that the landlord knew, so a text or email to the manager helps. “Defective construction” points to a defect built by this landlord or a predecessor, where the landlord’s knowledge also matters.
A 2024 statute, HB 404, added a requirement that rentals be “fit for human habitation.” A tenant can ask counsel how courts have read that phrase in an injury case.
Fault can be shared under § 51-12-33, and a tenant who knew of a broken step for months faces an equal knowledge argument. Two years under § 9-3-33.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.