Sewer Backups and Clogs in Georgia Rentals: Who Fixes What

What Georgia law requires of landlords

Georgia's basic repair rule is short. Under O.C.G.A. § 44-7-13, as amended by the 2024 Safe at Home Act, the landlord shall keep the premises in repair (HB 404). The same act added a second rule: any agreement to rent property as a dwelling is deemed to include a provision that the premises is fit for human habitation. The act's changes apply to residential leases entered into or renewed on or after July 1, 2024.

These duties can't be signed away. Under O.C.G.A. § 44-7-2, neither a landlord nor a tenant may waive, assign, transfer, or otherwise avoid the rights, duties, or remedies in § 44-7-13 or § 44-7-14. The Georgia Landlord Tenant Handbook, published by the Department of Community Affairs, says a lease that removes or reduces the landlord's responsibility to keep the property habitable and in good repair violates the law.

In practical terms, the handbook says the landlord must keep the electric, heating, cooling, and plumbing systems in working order, and drains are part of the plumbing. Unless the lease says otherwise, the landlord generally isn't responsible for problems that were obvious during the move-in inspection, unless they make the unit unsafe or uninhabitable. Part of a sewer line may also belong to the sewer provider rather than the property owner; which part depends on the provider, as explained in who is responsible for the sewer line.

When the tenant caused the clog

The repair statute doesn't address clogs a tenant causes, so that question usually comes down to the lease and the facts. A related statute, O.C.G.A. § 44-7-14, addresses the landlord's liability, not the tenant's. Once a landlord has fully parted with possession, the landlord isn't responsible to third persons for damage caused by the tenant's negligence or illegal use of the premises. The landlord does remain responsible for damage arising from defective construction or from failing to keep the premises in repair.

Between landlord and tenant, the handbook says a landlord may keep part of the security deposit for damage that the tenant, household members, pets, or guests cause on purpose, by accident, or through carelessness, but not for normal wear and tear. If the damage costs more than the deposit, the landlord can sue for the difference. Your lease may also say who pays for blockages, so read it.

The cause can become the real dispute. A plumber's written finding about what caused the stoppage and where, with camera video if a camera was used, helps both sides. A wad of wipes in one unit's branch line raises different questions than tree roots or a collapsed pipe in the main line. Tenants can find habits that protect the pipes in what not to flush or pour.

What tenants can do, step by step

1. Report it in writing, right away. The handbook says to give the landlord prompt notice of any problem needing repair, preferably in writing, following the notice rules in your lease. Send it to the owner or agent whose name and address the landlord must give you for legal notices. If your landlord lives outside Georgia and owns single-family or duplex rentals here, a 2025 law requires the landlord to employ a Georgia-licensed real estate broker, and an out-of-state broker must have at least one person in Georgia who handles tenants' maintenance communications (HB 399, new O.C.G.A. § 44-7-25).
2. Document everything. Athens-Clarke County's tenant guide recommends getting everything in writing, keeping records of all communication with the landlord, and taking good photos of the problem (ACC).
3. Keep paying rent. Even if the landlord fails to make repairs, the handbook says you generally must continue to pay rent. If you don't pay when rent is due, the landlord can begin the eviction process.
4. Allow a reasonable time. The handbook explains that a reasonable time depends on how serious the condition is and what the repair involves.
5. Contact code enforcement if repairs don't happen. The handbook says landlords must comply with local housing codes and suggests contacting your city or county housing code inspector. In Athens-Clarke County, for example, a sewer that leaks or won't drain is on the list of common property maintenance violations. The county asks tenants to request the repair in writing first and give the landlord a reasonable time; an officer then inspects and can give the owner a deadline and, if needed, a citation. Procedures vary by city and county.
6. Consider repair-and-deduct, carefully. The handbook describes having a qualified, licensed professional make the repair at a reasonable cost and subtracting the cost from future rent. Before you do, notify the landlord in writing that you plan to use this remedy. Get estimates from several vendors, ideally get the landlord to agree to the cost, keep receipts and a statement of the work done, and then deduct the cost from the next rent payment. The handbook cautions that the landlord can argue the repair was unnecessary or too expensive, and that the remedy can't be used for common areas.
7. Use the courts if you have to. According to the handbook, a judge may make a landlord pay for damages caused by failing to repair after having notice and a chance to fix the problem. You can file suit, or counterclaim if the landlord sues you. Moving out and claiming "constructive eviction" is rare and requires that the unit has become unfit to live in and can't be restored by ordinary repairs.

Retaliation is illegal. The handbook explains that a landlord can't retaliate against a tenant for requesting repairs or filing a good-faith code complaint, and that certain landlord actions within three months of such a request are presumed retaliatory (O.C.G.A. § 44-7-24). A tenant who wins a retaliation claim may recover one month's rent plus $500, court costs, and possibly attorney fees, minus anything owed to the landlord.

What landlords should do

A fast, documented response protects everyone. When a tenant reports a backup or a stubborn clog:

• Acknowledge the report in writing and keep a log of dates, visits, and messages.
• Hire a licensed plumber, especially for any repair or replacement; how to hire a drain cleaning company in Georgia covers licenses, permits, and estimates.
• Ask for a written finding on what caused the problem and where, so you can tell a maintenance repair from tenant-caused damage and your pipe from the provider's.
• Don't rely on a lease clause to shift your repair duty to the tenant; under § 44-7-2, the lease can't waive it.
• Be aware that, as the handbook explains, some landlord actions taken within three months of a repair request, such as raising the rent or filing for eviction, are presumed retaliatory unless you can show a lawful, non-retaliatory reason.

Damaged belongings and insurance

The handbook notes that a landlord's property insurance typically doesn't cover a tenant's personal belongings damaged by fire, theft, or water, so renter's insurance is often advisable, and some leases require it. It also says that if the landlord makes repairs within a reasonable time, a tenant generally can't recover money for the temporary loss of part of the unit or for damaged belongings, unless the damage was caused by the landlord's earlier failure or delay to repair.

Whether a sewer backup is covered depends on the policy, for landlords and tenants alike; the details are in does insurance cover a sewer backup in Georgia.

Bottom line

In a Georgia rental, keeping the plumbing in repair is the landlord's legal duty, and the lease can't take it away. Tenants protect themselves by reporting problems in writing, documenting them, and continuing to pay rent while using code enforcement, a carefully documented repair-and-deduct, or the courts. When the tenant caused the damage, the lease and Georgia's deposit rules decide who pays.