Legal Question in Landlord & Tenant Law in Georgia

i lived in a house for three years. Every year I signed a new lease. On the third lease they left the security deposit section blank. I assumed it was a clerical error because my deposit was clearly written on the previous leases. After I moved 4 months passed with no explanation as to why my security deposit was held. I sent a certified letter requesting my deposit. Their lawyer called me and said the current lease says no security deposit. Now I assumed they made a mistake, but if I go by what they say ( they wrote none for deposit in the space where my copy is blank. after i signed of course.) they have held my security deposit since we signed the new lease. Is this correct? I plan to sue for three times my security deposit per the laws in my state. I do not owe anything and never received a letter stating my security deposit had been held.


Asked on 5/15/12, 2:47 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

You are not entitled to your security deposit back (no matter how many leases you sign) until you move out of the premises. Are you still physically in the unit/property?

With that said, if you are no longer in the property and you paid a security deposit under any prior lease, the Landlord MUST return it to you, or provide you with a written explanation and itemization of what the security deposit was used for (typically to correct damage/destruction to the property beyond normal wear and tear, caused by the tenant). You made the right move by demanding return of the deposit by certified mail. Get a copy of the security deposit check you originally gave the landlord from your bank. If you have a copy of the original lease which does have the security deposit listed, get a copy of it as well. You will want to show these to the judge as proof that you actually paid the deposit, that the lease required it, and that you demanded it (pursuant to the laws of Georgia where I'm assuming you are located) without success. Of course, your chances of success are GREATLY increased if you hire your own lawyer. Don't let their lawyer scare you off.

Best of luck.****The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 5/17/12, 1:46 pm


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