Legal Question in Landlord & Tenant Law in Georgia

In GA, when a tenant owes me unpaid rent, may I keep the deposit even if I don't comply with the escrow requirements (property is owned by an LLC)? (Unpaid rent far surpasses amount of deposit.)


Asked on 12/29/09, 7:15 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Your right to retain a security deposit is separate from your possible obligation to maintain the deposit in an escrow account. So, even though you may have some liability for the escrow failure, you may still retain the deposit as long as the tenant does in fact owe you rent. Further, depending on the number of properties the LLC owns and/or how the property is managed, you may not have to hold security deposits in escrow.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Read more
Answered on 1/03/10, 9:33 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Georgia