Legal Question in Landlord & Tenant Law in Georgia

Can I get my deposit back?

Before I signed the lease with my landlord, I had already moved in. The house was in a horrible condition and I spent a week cleaning it up. I then signed the lease with the landlord and in the lease it stated that I would get my deposit back if there wasnt any damamge done to the house. The people who told me to move into the house(prior tenants)had roomates still living there and I allowed them to live with me. There was damage done to the house before I was there. Now, I have moved out of the house and I want to get my $500 deposit back. My landlord said that I would only be getting $200 back becuase she had to fix a broken door and repaint her house. I didn' cause any of that damage! My landlord went in to clean up the house a few days after I had moved in. She never told me about any damages that I should be aware of. I dont go into the part of the house where my roomates live so I wouldn't know of any damage caused there. The point I'm trying to get across is, I didn't cause any damage to the house. My deposit was taken away for damages that werent caused by me. If I file a suit and take this case to a small claims court, will I have a good chance of winning my case? Can I get my deposit back?


Asked on 10/06/03, 8:38 pm

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Can I get my deposit back?

The hard part in this type of case is the proof, it's your word against the landlord's. If you can prove what you have stated you will have a good chance of winning. I always advise my clients to do a walk through with the landlord prior to signing a lease and noting every detail of damage that is there so that this issue won't come up.

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Answered on 10/07/03, 8:46 am


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