Legal Question in Real Estate Law in Georgia

Landlord broke lease and refuses to return deposit

When I signed my lease aggreement, my landlord cancelled and signed the pet policy portion of the lease. He also waived the pet fee. While I was in residence, I had several issues such as water leaks and problems with the a/c that it took him months to even call me back about much less get fixed. As a result of the water leaks, the carpet had a very musty smell whisch I requested the landlord have cleaned, but he would never call me back aobut it. When I moved out, we did a walk-through in which he said everything looked fine, and we signed a document stating such. according to the lease, he had 14 days to refund my deposit or provide me with a written statement detailing what repairs or cleaning the deposit was being used for. At the end of 14 days, I had heard nothing and began calling him to find out why. It took him several more weeks to finally call me back, and at that time stated that the house smelled like animals and that my entire $500 deposit would have to be used for cleaning. Can he do this if he waived a pet deposit in the first place? What is my recourse in this situation?


Asked on 8/26/08, 11:33 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Landlord broke lease and refuses to return deposit

If the contracts clearly state that the landlord has inspected the property and finds no damages, and under any circumstances has 14 days to provide a list of damages and/or return your deposit, it appears you have a good claim for a return of the entire deposit, or perhaps three times the deposit (you might google the requirements to get that amount and see if it applies). The waiver of a pet deposit is likely a non-issue. A waiver of a deposit is not a waiver of your liability for any damages you or your pet cause, just as the amount of a deposit does not limit your liability for damages (unless the contract so states).

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Answered on 8/26/08, 12:06 pm


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