Legal Question in Real Estate Law in Georgia
Can I get refunded my security deposit?
I want to know if it is possible be refunded a deposit when (a) you haven't signed a lease (b) the apartment was not available for show until two days before the scheduled move in date and (c) the resident management did not provide the correct apartment unit? We have not moved in yet, but we signed documents that states, ''if the application is approved and the applicant fails to sign the lease or move-in by the agreed move-in date that management may attain the deposit as liquidated damages for canceling.'' I requested a 3 bd/2 bath apartment with W/D connection. Instead they gave us a 3 bd/2 bath without W/D connection. The W/D connection was very essential to our renting. I was not shown the apartment in advance. I did have an idea of how the apartments looked, because I lived in the 2 bd in the past. I paid the deposit on the 7th of the month and I was not able to see the apartment until the 26th. Please note, management/leaser stated that they had several units available on the 7th. Then later they said my unit would not be available for show until the 21st. It was not available until the 26th and on top of that it was the wrong apartment. Now, they�re saying that we will loss our deposit if we decided to cancel.
1 Answer from Attorneys
Re: Can I get refunded my security deposit?
Perhaps. I don't think the apt. complex will give it back to you without a fight based on your facts. Written W/D in your documents probably IS a necessary term. I have represented a number of companies and my gut feeling is that you will have to sue them in Magistrate Court to get your SD back. But, if you sue them, (better than a 50% chance) it will pop out the front door for dismissal of the suit. Since I dont know who the target def. is, I cannot give you better information. Depending on which company is the defendant is almost more important (at your stage of a complaint) than the LL/T law. Hugh Wood