Renovations in your Atlanta rental property come with many challenges; a primary issue that occurs as soon as renovation begins is wondering whether tenants need to continue paying their entire monthly rent while renovations are underway.
The answer will depend on several factors, including the details of the circumstances, the provisions of your rental agreement, and the laws of Georgia.
Continue reading this article as we will provide an overview of the obligations of each party with the goal of being fair to all involved, minimizing disruptions to your tenancy, and maintaining a good landlord-tenant relationship from start to finish.
Understanding Tenant and Landlord Responsibilities During Construction
A landlord’s role is filled with constant action, from managing your mortgages across multiple investment properties to communicating with tenants for a positive relationship. The same applies in this situation.
Before work begins, you need to understand both your duties as a landlord and the tenant’s role while renovations are happening. Note that these responsibilities aren’t arbitrary but based on Georgia law and standard lease agreements.
Landlord Responsibilities
As an Atlanta landlord, you have the fundamental duty to maintain a “Warranty of Habitability.” The Warranty of Habitability states that a rental home must be both safe and clean and suitable for habitation.
Any construction that substantially affects the ability to safely use basic services (i.e., running water, electricity, heat, etc.) would violate this Warranty of Habitability.
Therefore, your key responsibilities include:
- Notifying Tenants: You will need to provide tenants with formal written notice before the start of the renovation. This should include all of the details regarding the nature of the work that is planned, how long the work is expected to take, and what disruption the tenants can expect.
- Creating a Safe Living Area: Your responsibility is to make sure that the construction activity does not leave the unit uninhabitable. If this occurs, then you may need to provide alternative housing for the tenants or an adjustment in rent.
- Keeping the Worksite Safe & Secure: You are responsible for making certain the site is secure. In addition, you are liable for the protection of the tenant’s property from damage during the construction process, and also for preventing any hazardous conditions from being created by the contractors.
- Granting Contractors Access to Units: You have the responsibility to coordinate with the contractors so that they have access to units at reasonable hours. However, if the work requires emergency entry into a unit, you are only obligated to provide the contractors with reasonable notice for such entry, and only in emergencies.
Tenant Responsibilities
As a tenant, you have the right to “quiet enjoyment” of your rented home. However, you also have responsibilities to make the necessary work easier. They include:
- Providing reasonable access to contractors: Tenants must provide contractors with access to their rental unit at reasonable hours (normal business hours) following adequate advance written notice. Obstructing required repairs or communication about repair time after advance written notice could be a violation of your rental agreement.
- Securing your belongings: Typically, tenants are responsible for removing and securing all personal belongings from the work area to prevent them from getting damaged by dust, etc.
- Communication of concerns: If working conditions become hazardous or cause disruption due to the repairs being greater than initially expected, the tenant must communicate these issues immediately in writing to the landlord or Atlanta property manager.
- Understanding your Rental Agreement: Check your rental agreement to see if there are any provisions for repairs, changes to the rental, or landlord entry into the rental unit.
Refer to Your Lease Agreement
For tenants, your best weapon against confusion or disputes is to refer to your lease. Most meticulous landlords will include a “construction or renovation clause” that answers most questions.
If your lease is silent, speak with your landlord or property manager, as they naturally have provisions for such scenarios. Many Atlanta property managers specialize in both residential and commercial properties throughout the city. They understand the importance of providing clarity and assurance in such situations.
Does a Tenant Have to Pay Full Rent During Construction
Knowing does a tenant have to pay full rent during construction helps prevent conflicts and ensures fair treatment for both parties. In reality, the answer is not a simple yes or no; it depends entirely on the nature and severity of the construction disruption.
You must continue paying your rent if the work is minor, mostly done outside, and doesn’t affect how you use your space. For example, repainting the building, renovating a vacant unit, or repairing a shared roof with little interior intrusion typically does not justify withholding rent. However, your requirement to pay full rent may change if the construction violates the landlord’s fundamental promises. Here are the key scenarios:
1. Unlivable Conditions
Has a renovation made your Atlanta property unlivable due to a lack of water, poor sanitation, or caused other serious health hazards? Did the renovation violate local building codes and regulations? If your answer to these questions is a Yes, then you may have a claim against your landlord for Breach of Warranty of Habitability.
In these cases, you may be eligible for rent reduction, or your landlord may be required to pay for a comparable replacement dwelling until your original dwelling is habitable again.
2. Disturbance to Quiet Enjoyment
While the above situations relate to the condition of the dwelling itself, disturbance to quiet enjoyment occurs when there is some interference with the use of your dwelling, even though it remains technically habitable.
Examples include prolonged demolition within your dwelling during normal business hours; a construction project that restricts your primary means of access to your dwelling, etc. In many cases, negotiations for a temporary rent reduction will be effective in avoiding further disputes regarding the matter.
3. Renovations for Your Benefit
If you request improvements to your dwelling or cause damage to your dwelling that requires repairs, you will generally be expected to continue paying your full rent while the work is being completed.
Bonus: What Should You Do?
- Keep a Record: Document all the events that caused disruptions; date, time, and any impact on your residential situation (e.g, “no water, 8 am-5 pm”). Document the issues by taking photos/videos.
- Create A Written Document: Create a written document stating that you are requesting a rent reduction due to disruptions and send it via email or through the mail.
- Do Not Withhold Rent Without Proper Notice: Never withhold rent without first giving proper legal notice in accordance with Georgia law to avoid being evicted.
- Understand Your Lease & City Codes: Read your lease agreement for any specific terms and understand Atlanta’s laws regarding housing.
For landlords, don’t wait for your tenant to lodge a complaint before stepping in. Negotiating, offering compensation, and explaining everyone’s responsibilities during the renovation demonstrates reliability and professionalism on your part.
Tips for Minimizing Disruptions and Maintaining Fairness
Both sides should take an active approach to making the renovation process go well.
Landlord/Property Manager:
- Provide a written notice as soon as possible to tenants before the beginning of the renovation.
- As much detail as you can provide about the renovation will help with scheduling, potential disruption due to noise and/or dust, and any rent concessions that may be needed.
- Schedule a noisy work time to occur between 8 am – 5 pm, so it doesn’t interfere with tenants working at home or other daily routines.
- Ensure that the contractor cleans up at the end of each day and secures the construction site.
Tenant:
- Reply as quickly as possible when contacted by the landlord/property manager regarding access to the property for repairs.
- Communicate your top priorities (i.e., if you need to continue working from home while there is ongoing construction) to the landlord or property manager.
- Move all of your personal belongings out of the renovation area.
- Take photos with dates and keep a record of any damage done to your belongings or if there are any other issues that occur outside of the normal course of the renovation.
- Never ask for a rent reduction without it being in writing; do not withhold rent unilaterally.
Following these fundamental tips can create an atmosphere of respect and minimize conflict, ensuring the project is completed without dispute.
Conclusion
Renovation disputes don’t have to be forever. It is important that you clearly understand your lease, communicate with each other about what’s going on before something happens, and agree upon fairness on both sides. Understanding your rights as a tenant and obligations as a landlord will help both of you manage through this renovation period successfully in Atlanta.
