Legal Question in Civil Litigation in Georgia
I recently sublet my apartment to someone. Upon move in I collected a security deposit of 350. In the sublease agreement, it stated that the securit deposit is refundable and that normal wear and tear was ok. When my tenant moved out, my apartment was left filthy! There were stains on the carpet throughout the apartment, the kitchen counter top has a huge permanent stain, and the bathroom so so filthy that I had to let cleaner soak on it for 24 hours to get it clean. I informed the tenant that I could not return the security deposit because the damages to the apartment just about total the amount of the security deposit. The tenant doesn't want to hear it and still expects the deposit to be returned. I want to know where I stand legally.
2 Answers from Attorneys
All we know is what you posted and your side. We also don't have the sublease (or the lease to see if you are allowed to sublet), so no one here can tell you that you are correct in your position. You can take the position he owes, and can take pictures in case he contests or tries to sue for the deposit.
Since most leases prohibit subleasing, you may be on very precarious ground. No one can answer you without seeing the evidence, the sublease, and the lease.