Legal Question in Real Estate Law in Georgia
I rented a house from a rental agency, I moved out over 30 days ago and they have not returned my deposit or sent me a letter saying why. I have read the GA Lanlord Tenant law handbook and it states they have 30 days to return my deposit or send a letter stating why. They refuse to respond to my eamils, calls or letters. Back in November 2010 they filed a false dispossessory on me for nonpayment of November rent for 725.00 which is waht I was told was accumlated late fees I aquired over the course of a year. My November rent (1300.00) was paid in full before they filed the dispossessory. I also read in the lanlord tenant handbook that they could have sued me for the 725.00 but could not use the dispossessory process to do so since they accepted money from me. They filed it as rent, I did file a answer but was not able to go to court due to being out of town for a famil death. I do have all me rent receipts and emails I sent them. I want to file a claim for my deposit do I need a lawyer.
1 Answer from Attorneys
For purposes of this post I am assuming the handbook you cite, which is NOT law (but is an interpretation of it published by the state online), is their handbook.http://www.dca.state.ga.us/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf
Buried in your post is one sentence that says the much of the rest of your post doesn't matter. It sounds like you answered a past case and then no-showed in court. That means you lost that case. So you owe them $725 if your facts are as stated.
Accrued late fees ARE part of your rent. I can tell you didn't read the handbook you claim to have read, which correctly states "If the tenant gives proper notice and vacates without owing any rent or damages, the landlord must return the security deposit to the tenant within thirty (30) days. Under Georgia law (O.C.G.A. �44-7-30)...A landlord can deduct from the security deposit unpaid rent, late charges, unpaid pet fees, and unpaid utilities which were the tenant�s responsibility under the terms of the lease."
You left owing $725 by your own statements. You LOST that case. So the 30 day period may not apply.
You left out many other issues that affect the answer. Did you move out early and breach the lease? Did you give proper notice? Did you damage the unit? Did you do a walk through?
Did you give them you new address?
Unless your security deposit is more than $725, you would be an idiot to go to court, as you would owe them MORE money. They can still sue you, but maybe if you let sleeping dogs lie you may get lucky.
If your deposit is over $725, consult a lawyer and see if you have a claim to pursue.
And, read that handbook instead of skimming it. It's not bad. And you have obviously barely looked at it.