Legal Question in Landlord & Tenant Law in Georgia
Security deposit
Entitled to refund of security deposit, or caveat emptor? Details: 5/04-Viewed+selected apt for late 6/04. (1)When viewing apts in bldg, told landlord(LL) of cat allergy. He asked if I would be ok viewing apt (adjacent to apt I later chose),I said ok for a brief period of time. Cat-tenant was then expected to move out by late June. (2)During latenight visit,tenants left backdoor(with security keypad) wide open,we enter bldg. I asked LL to install security system(SS),which he did so I'd take apt,not telling me of high install costs. Late June-Move in,discover (1)uncomfortably allergic to apt,previous cat in my apt,neighboring cat hadn't moved-LL's large/noisy HEPA filter doesn't help; (2)notice standing water in bsmt+dank,musty cell in common area,concerned about mold/health. I say I wouldn't have taken this apt(cat+I'm at CDC,Legionnaire's dz-deaths in hotel);we agree I can keep stuff there till I move(mid-June),will move immed if rented. I try to help find new renter. LL 1st says standing water and mold 'not health risk'; but 08/04 ''standing water had been there all along.'' He keeps security dep to ''cover SS install costs/july rent/when off-market'' (though apt actually vacant since mid-april),but never says in writing.
1 Answer from Attorneys
Re: Security deposit
Due to the amount of facts in your case, I would hesitate to give you answer as to whether you are entitled to the return of some or all of your deposit. It also depends on some factors not addressed in your posting.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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