Georgia Rental Inspections
Brumberg v. City of Marietta
Mandatory Inspections of Rental Property: Is Your Apartment Your Castle?
The City of Marietta enacted a rental-housing inspection ordinance in 2004, requiring landlords to obtain “rental licenses” for all rental properties. To obtain a license, landlords had to hire and pay City-approved “rental housing inspectors” to inspect and certify that properties were in compliance with all housing codes. Nothing in the ordinance, however, required the landlord or the City to obtain the tenant’s consent before conducting the intrusive inspection. Yet, without inspection, no rental license would be issued, and the City Manager could order the property to be vacated. Residents who exercised their constitutional-and statutory-right to refuse a warrantless inspection, therefore, risked potential eviction.
To vindicate renters’ rights, the Institute for Justice and local attorney Charles J. Mace challenged the ordinance. Their challenge was consolidated with two cases filed by local landlords.
On June 12, 2006, the Georgia Supreme Court declined to review the city's rental-housing inspection ordinance allowing a victory for renters and landlords at the Georgia Court of Appeals to stand. As a result, the City of Marietta cannot require housing inspections without obtaining either consent of the renter or a warrant issued for probable cause.