Legal Question in Real Estate Law in Georgia

Monies owed

Upon leaving our complex. there was no move out

inspection done. I was never contacted by my

apartment complex until my parents (who live in

another city) received a letter from collections telling

them that I owe $441 to my previous complex. I never

completed a move-out inspection, because upon

calling to schedule one, I was told over the phone

everything was completed. I don't think it's fair that 3

months later, receiving no prior correspondence, let

alone the fact that I didn't sign any forms recognizing

damage, that I have to pay. My question is: do I need to

further consult a lawyer, or should I pay the fee?


Asked on 5/20/02, 11:45 am

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Monies owed

Well it is difficult to know whether you will win or lose, however, one of your best defenses would be that you called them about the move out/damage issue and they said "I was told over the phone everything was completed." I would argue that this constitues a "Waiver" or legal "estoppel" against them on this issue. Tell them to go blow. They waived it and you will see them in court. Put them to their proof. Now, you may have to file an answer and affidavit in court stating your position, but that seems cheaper than paying the $441. HCW

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Answered on 5/20/02, 1:39 pm


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