The Repair Duty Comes From the Lease, Not From You Personally
Under O.C.G.A. § 44-7-13, every lease for a dwelling in Georgia is treated as if it includes a promise that the premises is fit for human habitation, and the landlord must keep the property in repair.
This is not something you agreed to as a person. It is a term the law writes into the lease itself, the same way it always has been since the tenant moved in. Whoever holds the landlord’s role under that lease inherits the duty along with it.
Why This Duty Does Not Pause When You Die
A lease is a contract, and a contract does not simply stop because one side dies. The estate steps into the landlord’s position, and the repair duty comes along with everything else the lease requires.
What actually changes is not the duty itself. It is who can act on it. The duty keeps running on the same clock it always has. Whether someone has the authority to approve a repair crew, sign a check, or even walk the property depends entirely on how your estate plan is set up.
What Tenants Can Legally Do If Repairs Stop
Georgia gives tenants real, specific options if a landlord does not make a needed repair after proper notice. A tenant can terminate the lease and move out without owing further rent if the problem is serious enough and goes uncured. A tenant can also hire a licensed repairperson and deduct the cost from rent, after giving written notice and a reasonable chance to fix it first. A tenant can sue for actual damages, including the reduced value of living in an unrepaired unit.
One option Georgia does not allow is rent withholding. A tenant cannot simply stop paying because a repair has not happened. That means an estate or trust in transition can end up owing full rent while also facing a lease termination, a rent deduction, or a lawsuit, all at the same time.
Who Actually Has Authority to Approve a Repair After You Die
This is the same authority question that runs through every part of an estate plan, applied to something as ordinary as a leaking roof. If your rental property sits in a funded revocable trust, your successor trustee can approve the repair, sign the check, and keep the lease current the same day you are gone.
If the property is only in a will, nobody has that authority until a court appoints your executor, which can take months. During that wait, the repair duty is still running, the tenant’s rights are still running, and nobody has clear authority to act on either one.
Why This Hits Harder on a Multifamily Property Than a Single Home
A single rental house has one tenant and one repair problem at a time. An apartment building has dozens of leases running at once, and dozens of tenants who can each exercise the same rights the moment a repair is delayed.
A short authority gap on one house is a headache. The same gap on a 20-unit building is dozens of potential lease terminations, rent deductions, and damages claims, all stacking up while the estate sorts out who is actually in charge.
How to Keep Repairs Moving Without a Gap
None of this requires guessing what might go wrong. It requires making sure someone can act the day you are gone.
1
Put the property in a funded revocable trust
This is what lets your successor trustee approve repairs and pay for them immediately, without waiting on a court.
2
Give the successor trustee access to repair funds
Authority without money still stalls a repair. Make sure the trustee can actually reach an account to pay a contractor.
3
Keep a property manager or maintenance contact on file
A successor who does not know who to call loses time. Leave a simple list of who handles repairs today.
4
Name a successor who can actually manage property
Pick someone who can handle tenants and repairs, or who will hire a manager fast, not just someone who can sign documents.
Done right, tenants never notice the transition happened. Repairs stay on schedule, the lease stays in good standing, and your family never faces a wave of terminations and rent deductions on top of everything else.
