Legal Question in Landlord & Tenant Law in Georgia

I just received a refund deposit check of $127.85 from a $1200 deposit that I put down for a house in Marietta, Georgia three years ago. My lease was up on 9-30-09.

There were ridiculous and extravagant charges listed as the reason for the refund of $127.85. This landlord chose to put "bandaids" on any problems for the three years I was in the house. I kept very good care of the house, and on September 1 the Cobb county tax assessor knocked on my door and said he wanted to do a sales review tax assessment and told me that the house was sold in May of 2009. As of today, (and I have moved), the landlord never mentioned this.

Is there anything I can do to retrieve at least half of this $1200 deposit? Isn't painting and carpet cleaning a normal procedure of getting ready for the next tenant? By the way, I did mention that I would pay for the carpet to be cleaned since I was short on time, and the landlord refused me. Should I be charged for sanding and refinishing the entire hardwood second bedroom floor when a little hardwood polish and some elbow grease would have surficed? ($250.00)

I removed gas logs from the living room fireplace and used wood fires. I carefully placed all the gas log equipment in a box and put it back in front of the fireplace. Installation of the gas logs was so simple, my grandson could do it, and I was charged $50 for the landlord having someone place the logs back into the fireplace.

And because the landlord could not meet me on October 1 to do the exit walk thru, I was charged prorated rent in the amount of $38.71.

The garage door opener which I was given when I moved in never worked the door so after three years, I threw it away. I was charged $25.oo for the garage door opener.

I also cleaned the house before leaving, yet I was charged a cleaning fee of $85.00!

There are no pictures for proof of what I am saying, but I think this is one hell of a way to thank someone for leasing your house for three years and trying to take care of it!!!

What can I do to retreive at least half of the $1200 deposit?


Asked on 11/05/09, 12:03 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

The best course of action is to file a law suit in magistrate court for improper withholding of the security deposit, which will be a factual determination. However, paint and new carpet is not typically included in normal wear and tear. I.e., depending on the length of your tenancy and the condition of the carpet, paint, etc. when you moved in, it is not automatic that the carpet and paint would have to be replaced.

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.

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Answered on 11/10/09, 1:43 pm


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