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36.300 Landlord and Tenant; Duty of Tenant; Notice to Landlord
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Description
36.300 Landlord and Tenant; Duty of Tenant; Notice to Landlord When rented premises become out of repair, it is the duty of the tenant to notify the landlord and to stop using any part of the premises that would be dangerous to use. After notice to the landlord, the tenant has a right to use those parts of the premises that are apparently in good condition if there is nothing to call attention to what may be a hidden defect. The failure of the landlord to repair in such a case would give the tenant a right of action for any damages sustained by reason of the tenant's use of that part of the premises that was in apparently sound condition, even though the tenant had knowledge that there were other parts of the premises in a defective condition. Miller v. Jones, 31 Ga. App. 318 (1923); distinguished at 49 Ga. App. 128 (1934) and 39 Ga. App. 621 (1929) Beckmann v. Rakoske, 106 Ga. App. 203, 204 (1962)





