Landlord-Tenant Law in Atlanta and the Greater Metro Atlanta Area: What is Retaliation in a Landlord-Tenant Case?

For most landlords in Atlanta and across the Greater Metro Atlanta area, disputes with tenants are almost always frustrating, difficult, and a headache, especially when tenants are not holding up their part of the deal. Unfortunately, the truth is that when things get sticky between landlords and tenants in Atlanta, one of the most common tactics difficult tenants use when they do not get their way is to accuse a landlord of retaliation. While Georgia law does recognize protections for tenants against actual retaliation, it is important for Atlanta and Greater Metro Atlanta area landlords to keep in mind that the statutes are specific, and landlords have rights too. Knowing what qualifies as retaliation under Georgia law, and what simply does not, can help you protect your precious, hard-earned investment. Here we discuss the basics of retaliation in landlord-tenant cases in Atlanta and the Greater Metro Atlanta area, and where you can get legal help with your tricky landlord-tenant issues.

Retaliation Claims by Tenants in Atlanta and Greater Metro Atlanta Area Landlord-Tenant Disputes: The Basics

It is important for Atlanta and Greater Metro Atlanta area landlords to know that under Georgia landlord-tenant laws, landlords are prohibited from retaliating against tenants in certain, specific circumstances. Retaliation in the landlord-tenant context generally means taking adverse action against a tenant because the tenant engaged in a protected activity, such as complaining to a government agency about housing code violations or joining a tenant organization. Actions by the landlord that might be considered retaliation under the statute include raising rent, decreasing services, or seeking eviction solely because the tenant exercised these rights.

Not All Actions are Retaliation Under Georgia Landlord-Tenant Laws

However, the same laws that prohibit retaliation in the landlord-tenant context make it clear that Atlanta and Greater Metro Atlanta area landlords are not restricted from taking legitimate actions to protect their property or enforce lease agreements. For example, if a tenant fails to pay rent, violates lease terms, damages property, or engages in illegal activities, a landlord may move forward with eviction or other remedies. These actions are not retaliation, but rather they are lawful steps to enforce the terms of the lease. Tenants sometimes attempt to disguise their own misconduct by claiming retaliation, but Georgia law gives landlords strong defenses when their actions are based on valid reasons. Landlords in Atlanta and the Greater Metro Atlanta area are not required by law to tolerate unpaid rent or violations by their tenants. If the tenant is not fulfilling their obligations under the lease, the landlord can still enforce their rights. In sum, Georgia landlord-tenant laws attempt to strike a balance by protecting good faith complaints made by tenants while also making clear that tenants cannot use retaliation claims as a shield against their own misconduct.

Getting Legal Help with Your Landlord-Tenant Matter in Atlanta and the Greater Metro Atlanta Area

If you are a landlord in the Atlanta or Greater Metro Atlanta area and you need legal help with your challenging landlord-tenant matter, contact the experienced Atlanta and Greater Metro Atlanta area landlord-tenant lawyers at Evans Law. The experienced Atlanta and Greater Metro Atlanta area landlord-tenant lawyers at Evans Law are here to help landlords protect their interests and their investments. Contact Evans Law today and speak with a lawyer about your case now.