Legal Question in Real Estate Law in Georgia

My Husband and I rented a house in Marietta ga for 4 years. Our rent was 1325.00 A Month. Our landlord asked us for $2600.00 . for deposit . we moved out of the house on July 10th of this year. The land lord has not called us or givin our deposit back. We have called him and called him with no answer from him . Oh before we left we toke a movie of the hosue and we cleaned it to . So there was no reason we could not get our money back. Also before we left the bank was taken pictures of the house. What can we do my husband is in the military and we want to but a house and we need that money,


Asked on 9/11/10, 7:41 am

2 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Do you have a written lease? If so, does it say anything about how long the landlord has to return your deposit? Georgia law provides that the landlord has 30 days to return the deposit. Since it has been more than 30 days, you may be able to file an action in small claims court in the county in which the rental property is located.

As always, I recommend that you hire an attorney BEFORE filing a lawsuit to discuss the specifics of your case and explain your options/rights.

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

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Answered on 9/16/10, 7:52 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If the landlord refuses to return the deposit, unless there is language in a lease saying teh deposit is non-refundable, or unless the landlord has submitted a proper damages statement, you can sue the landlord (usually for 3 times the amount of the deposit) in Magistrates Court. Although you can do so without a lawyer you may want to consult a lawyer to do this properly.

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Answered on 9/16/10, 8:07 am


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