Cal. Civ. Code § 44-7-14
Tort liability of landlord.
Operative Text
Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.
Under O.C.G.A. § 44-7-14, once a landlord has transferred full possession of a rental property to a tenant, the landlord generally bears no tort liability to outside parties for harm caused by the tenant's own negligent or unlawful conduct on the premises. However, the landlord's shield from liability does not extend to two categories: damages that stem from defective construction of the property, and damages that result from the landlord's failure to maintain the premises in proper repair. In those two situations, the landlord may still be held responsible to injured third parties regardless of who occupies the property.
Plain English — not legal advice.
Property owners and managers operating under O.C.G.A. § 44-7-14 generally document the condition of a unit at the time possession is transferred and maintain records showing that construction defects and known repair needs were addressed before and during the tenancy. Compliant operators typically establish routine inspection and maintenance programs so that structural or habitability issues are identified and remedied promptly, since the statute preserves liability for defective construction and failure to repair even after possession has passed to a tenant. Keeping clear records of repair requests, responses, and completed work helps demonstrate that maintenance obligations were met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-14 preserves a landlord's responsibility for damages caused by defective construction or a failure to keep the premises in repair, even after a tenant has taken possession — a protection that can be relevant when a third party is injured due to a structural or maintenance problem on the property. Tenants who believe a landlord's failure to repair has caused harm may find it useful to document repair requests and the landlord's responses in writing. Consulting a tenant-rights organization or legal aid office can help tenants and affected third parties understand how this provision may apply to a particular set of circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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