Legal Question in Landlord & Tenant Law in Georgia

My question involves the recovery of a security deposit from a former landlord. The situation is kind of complex, so here is some background information.

-When I moved into the apartment, I took over the lease from a friend of mine. Instead of negotiating the return of their security deposit and then the creation of a new one in my name, I simply paid them the $600 deposit. I'm sure they will produce a document signing the deposit that's still on file over to my name when I ask them to, so I don't think this part will be a problem.

-About 3 months ago, some unfortunate circumstances caused me to break my lease and move out of the apartment. The lease didn't have specific stipulations for this process, and I ended up paying two months' rent to escape from the lease. The landlord provided a letter documenting my payment in full.

-On the day I moved out, I asked the apartment complex's manager about the security deposit. She said that the landlord would have to tour the apartment to check for damages, and took my new address as a place to send a check. I never received a list of damages.

Now, three months later, the landlord insists that, since I broke the lease by leaving early, my security deposit is forfeit. The lease mentions nothing as regards early termination. So here's my question: does Georgia contract law support my landlord's claim that my security deposit is forfeit? Will I need anything besides a signed letter from the previous tenants to complete the transfer of the security deposit? If I were to take this to court demanding the triple penalty for withholding a security deposit, would I have a winning case?

Thanks for reading that mess.


Asked on 1/20/11, 1:01 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Security deposits do not transfer from one party to another so that IS a problem. Based on what you posted, unless you have left something out (and bear in mind no one has read what you and the landlord have signed), I think you lose.

But nothing in your post indicates any right to a security deposit. You never paid one to the landlord, and you can't sue for someone else's.

Read more
Answered on 1/25/11, 6:20 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Georgia