Hi everyone. I am currently in a situation with my last landlord concerning my security deposit. He owns 3 properties I believe. While I was living there there was a flea issue and I placed some diatomaceous earth on the pine wood floors to kills the fleas. Then the powder was not easily cleaned up by mopping or sweeping the floors. So I moved out with some of this powder still covering the floors and in the cracks. The landlord then told me that a "wood cleaning service" would be necessary to clean his house and that I would be charged out of my security deposit, of which $1100 was refundable.
He then sent me an estimate for $800 to refinish the wood floors and he said that this company told him that that was the only way to get up the powder. I told him that I was not willing to pay for him to get his floors refinished, only to clean the floors and return them to their previous condition. He then told me that he was out of town and new tenants were moving in soon so there was no other option at this point and that there is nothing else to talk about.
I just talked with a floor cleaning service today and the first company I talked to said they could do it for $475 dollars and they are sending me an estimate.
I had suspected that this landlord would use my full deposit to improve the condition of his house with unnecessary repairs and blame them on me. He required $1400 in fees/deposits to move in for a 4 month lease. Also he would never give me a copy of the signed lease because he feared that he would be sued.
He never supplied me with a list of damages before I moved in or after. According to this law a list of damages must be supplied within 3 days and then I would have the chance to view the premises to determine the accuracy of his list:
Georgia General Assembly
Unannotated Code
44-7-33.
(a) Prior to tendering a security deposit, the tenant shall be presented with a comprehensive list of any existing damage to the premises, which list shall be for the tenant´s permanent retention. The tenant shall have the right to inspect the premises to ascertain the accuracy of the list prior to taking occupancy. The landlord and the tenant shall sign the list and this shall be conclusive evidence of the accuracy of the list but shall not be conclusive as to latent defects. If the tenant refuses to sign the list, the tenant shall state specifically in writing the items on the list to which he dissents and shall sign such statement of dissent.
(b) Within three business days after the date of the termination of occupancy, the landlord or his agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within five business days after the termination of the occupancy in order to ascertain the accuracy of the list. The landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If the tenant refuses to sign the list, he shall state specifically in writing the items on the list to which he dissents and shall sign such statement of dissent. If the tenant terminates occupancy without notifying the landlord, the landlord may make a final inspection within a reasonable time after discovering the termination of occupancy.
(c) A tenant who disputes the accuracy of the final damage list given pursuant to subsection (b) of this Code section may bring an action in any court of competent jurisdiction in this state to recover the portion of the security deposit which the tenant believes to be wrongfully withheld for damages to the premises. The tenant´s claims shall be limited to those items to which the tenant specifically dissented in accordance with this Code section. If the tenant fails to sign a list or to dissent specifically in accordance with this Code section, the tenant shall not be entitled to recover the security deposit or any other damages under Code Section 44-7-35, provided that the lists required under this Code section contain written notice of the tenant´s duty to sign or to dissent to the list.
I took pictures of the condition of the floor and now will have an estimate showing that the job could be done at a much cheaper price. What can be done in this situation? Can he refinish his floors or do whatever he wants to with his money and lie about it?
Thank you.
He then sent me an estimate for $800 to refinish the wood floors and he said that this company told him that that was the only way to get up the powder. I told him that I was not willing to pay for him to get his floors refinished, only to clean the floors and return them to their previous condition. He then told me that he was out of town and new tenants were moving in soon so there was no other option at this point and that there is nothing else to talk about.
I just talked with a floor cleaning service today and the first company I talked to said they could do it for $475 dollars and they are sending me an estimate.
I had suspected that this landlord would use my full deposit to improve the condition of his house with unnecessary repairs and blame them on me. He required $1400 in fees/deposits to move in for a 4 month lease. Also he would never give me a copy of the signed lease because he feared that he would be sued.
He never supplied me with a list of damages before I moved in or after. According to this law a list of damages must be supplied within 3 days and then I would have the chance to view the premises to determine the accuracy of his list:
Georgia General Assembly
Unannotated Code
44-7-33.
(a) Prior to tendering a security deposit, the tenant shall be presented with a comprehensive list of any existing damage to the premises, which list shall be for the tenant´s permanent retention. The tenant shall have the right to inspect the premises to ascertain the accuracy of the list prior to taking occupancy. The landlord and the tenant shall sign the list and this shall be conclusive evidence of the accuracy of the list but shall not be conclusive as to latent defects. If the tenant refuses to sign the list, the tenant shall state specifically in writing the items on the list to which he dissents and shall sign such statement of dissent.
(b) Within three business days after the date of the termination of occupancy, the landlord or his agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within five business days after the termination of the occupancy in order to ascertain the accuracy of the list. The landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If the tenant refuses to sign the list, he shall state specifically in writing the items on the list to which he dissents and shall sign such statement of dissent. If the tenant terminates occupancy without notifying the landlord, the landlord may make a final inspection within a reasonable time after discovering the termination of occupancy.
(c) A tenant who disputes the accuracy of the final damage list given pursuant to subsection (b) of this Code section may bring an action in any court of competent jurisdiction in this state to recover the portion of the security deposit which the tenant believes to be wrongfully withheld for damages to the premises. The tenant´s claims shall be limited to those items to which the tenant specifically dissented in accordance with this Code section. If the tenant fails to sign a list or to dissent specifically in accordance with this Code section, the tenant shall not be entitled to recover the security deposit or any other damages under Code Section 44-7-35, provided that the lists required under this Code section contain written notice of the tenant´s duty to sign or to dissent to the list.
I took pictures of the condition of the floor and now will have an estimate showing that the job could be done at a much cheaper price. What can be done in this situation? Can he refinish his floors or do whatever he wants to with his money and lie about it?
Thank you.
