Legal Question in Real Estate Law in Georgia
tenents deposits
Hello, I lived in an apartment for 6 months. After I moved August 3, 2005 I was supposed to get my security deposit of $99.00 back. The Company said that they mailed it to me, but they mailed it to the wrong address. I called the property manager of the complex that I was living an they said it would take them 90 days before they can cut me another check. I still haven't heard anything from them. I heard through another property manager, that after so many months I could recieve three times as much. I do not know what my next step is. Please help. Thank you,
2 Answers from Attorneys
Re: tenents deposits
Landlords are required to return your security deposit (or a letter explaining why it was withheld for damages) within one month of your move out date. If they do not, they forfeit any withholding of the deposit plus triple damages, i.e. three times the deposit amount.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.MacGregorLyon.com
Re: tenents deposits
You should sue the landlord in small claims court. GA law provides as follows:
O.C.G.A. Sec. 4-7-35.
Remedies for landlord's noncompliance with article.
(a) A landlord shall not be entitled to retain any portion of a security
deposit if the security deposit was not deposited in an escrow account in
accordance with Code Section 44-7-31 or a surety bond was not posted in
accordance with Code Section 44-7-32 and if the initial and final damage
lists required by Code Section 44-7-33 are not made and provided to the
tenant.
(b) The failure of a landlord to provide each of the written statements
within the time periods specified in Code Sections 44-7-33 and 44-7-34
shall work a forfeiture of all his rights to withhold any portion of the
security deposit or to bring an action against the tenant for damages to
the premises.
(c) Any landlord who fails to return any part of a security deposit which
is required to be returned to a tenant pursuant to this article shall be
liable to the tenant in the amount of three times the sum improperly
withheld plus reasonable attorney's fees; provided, however, that the
landlord shall be liable only for the sum erroneously withheld if the
landlord shows by the preponderance of the evidence that the withholding
was not intentional and resulted from a bona fide error which occurred in
spite of the existence of procedures reasonably designed to avoid such
errors.
(Code 1933, � 61-606, enacted by Ga. L. 1976, p. 1372, � 6.)
You can search the GA code at http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=1-1-1
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