Legal Question in Landlord & Tenant Law in Georgia

Moved out of apartment (roommates and I weren't resigning lease) on May 1, 2014. Landlord finally told me on August 8, 2014 that the deposit was being returned but not in full because the apartment was really dirty. Between move out and August 8, 2014, we were under the impression that we would get the full deposit back since the landlord not once told us part of the money was being withheld (I talked to her several times on the phone during that time period). But the landlord said the carpets had to be cleaned. My roommates and I don't agree with that. But according to the lease we signed, the landlord had 3 business days after we moved out to inspect and make a list of damages of the apartment, and then we had 5 business days after moving out to inspect the apartment in order to agree or disagree with the landlord's list. We never had a move out inspection and landlord never gave us a list of damages. The lease also says the landlord has to return the deposit and accompany it with an itemized list of costs within 30 days after move out. This never happened. We got the deposit back ($760 out of the original $995) on August 15, 2014, and the landlord told me then that the receipt from Stanley Steamer would be mailed to my new address. Today is September 4, 2014, and I still haven't received a receipt. I sent the landlord a certified return receipt letter on August 20, 2014 stating our issues with the deposit (I told her the same information as above), and the landlord never went to get the letter from the post office (only held for 15 days) after receiving a notice for it in the mail (landlord wasn't present the day the letter was delivered). So, are my roommates and I entitled to the rest of the deposit since the lease wasn't followed (even if the carpet actually was damaged)? We think there was only normal wear and tear on the carpet since we lives there for two years.


Asked on 9/04/14, 4:43 am

1 Answer from Attorneys
Paula McGill Attorney at Law

It appears your lease provision mimics the law. You should consdier taking landlord to small claims because of his apparent violation of the contract and the Official Code of Georgia.

You don't need an attorney to represent youself in small claims (magistrate court). You will need the lease, letters/emails regarding the move-out and deposit, your roommates, and any other evidence you believe will assist the judge in finding in favor of you.

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Answered on 9/09/14, 10:44 pm


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