Legal Question in Real Estate Law in Georgia

Thank you for providing this: Our land lord is denying our deposit back of $1600. Our lease ended in December 2017 so we went month to month rent. He told us in January that he was 70% sure he and his wife were turning our house into an airbnb by May 2018. At that moment, we took it as notice that we needed to find a new place to move. Come mid February, he told us he THINKS he talked his wife out of making the house an airbnb We finally found a place March 3rd, and we planned to tell him we were going to move out April 4th, but our new landlord/office took it upon themselves to call him and ask if we were good tennants and it jumped the gun for us, and he came to our home asking if we were moving out which we confirmed. At that time he was upset that we were leaving and said he did not want us to go. I reminded him he told us it was going to be an airbnb. Our new landlord told him we could move in April 1st. So to him, he was given 26 days notice, not 30. So we are only 4 days shy of the 30 day requirement. On 4/8, he told us we would not get our deposit back due to not giving him 30 full days and leaving things in the house. He claims my toolbox and a garbage bag with some trash was left inside the house on April 1st. We don't believe that is true as we were certain we had the house cleaned and emptied by March 31st afternoon. He is not threatening to sue US for 'back rent and damages (including having to clean the windows and refinish the floor due to regular wear and tear from tables and chairs being on them and sliding around for 2 years). What should we do? I also want to note, that he never 1) did an itemized written walkthrough with us when we moved in. 2) he never did an itemized written walkthrough when we moved out. We fully expected him to give us our deposits back but he has not done so and is threatening to countersue us. What should we do? I don't think a toolbox and a garbage bag prevents him from renting the house, and if anything he can have the $213 which is 4 days worth of rent that was short of the 30 day notice. Help us please. We don't have much money.

Asked on 4/12/18, 1:40 pm

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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26 days isn't 30. You lose that argument.

The rest depends on facts we don't know. If he sues, see a lawyer. But you lose on the notice issue.

Answered on 4/12/18, 2:10 pm

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