Legal Question in Real Estate Law in Georgia

Re: Security Deposit

Take a look at O.C.G.A. 44-7-31, 44-7-33, and 44-7-34. Normally, a landlord may keep a security deposit for damages. However, ordinary wear and tear is not an acceptable reason for keeping the deposit. A list of damages must be given to the tenant and the deposit has to be returned within 30 days after the tenant vacates the premises.

Re: Security Deposit

See Chapter 83, Section 83.49 of the Florida Statutes regarding security deposits. You can access the Florida Statutes through the following website: http://www.leg.state.fl.us/statutes. Generally, a security deposit may be applied to property damage (other than regular wear and tear) or unpaid rent, after the landlord has provided proper and timely notice to the tenant. And even then, the landlord may only keep the portion of the security deposit that is actually necessary. If the landlord fails to provide timely notice, then the landlord waives his/her/its right to keep your security deposit, and, if you are forced to file suit to recover the deposit and you prevail, then in addition to the deposit you may be entitled to recover the attorney's fees and costs incurred in pursuing your claim over the deposit. Good luck.