Late on Security Deposits.

[soccergal867]

I recently moved out of a rental house. My lease was up May 31st, 2009. I prepared the house for inspection and was given an inspection on June 3rd, 2009. The inspector told me I could leave when he arrived and because he showed up late I had to leave. I showed him a couple problem areas and he told me that was fine. On June 8th, 2009 he sent me a list of where he found problems. he found 5 problems

-general cleaning
-excessive wear and tear in right rear bedroom
-excessive wear and tear in family room
-orange stain on carpet
-yard maintenance
He estimated the costs of$350 and told me once he received the invoices he would send me the remaining balance within 30 business days.

I replied back and heard nothing.

I went to them on June 25th. They said they had until July 3rd.
I called. No one returned phone call.
I went on July 6th, 2009 and they said they were still waiting on invoices and once they received them they would sent out the deposit. They later call and tell me that the repairs cost $664. Then today they call and say the repairs are $1200

They are past the 30 days and they are charging me unreasonable fees. What should I do? Do I have a case in small claims court?

Any help would be greatly appreciated!!

 

[Gail_in_Georgia]

What state did this take place in?

Gail

 

[soccergal867]

It happened in Georgia. Columbus, Georgia

 

[Gail_in_Georgia]

Ah, my stomping grounds...

The attached article may help:

http://www.atlantalegalaid.org/deposit.htm

Failure of the landlord/management to provide you with this information within the one month time period required by Georgia law negates their ability to use any of this deposit for damages.

I'll quote you the statute: GA Code Section 44-7-35 G (b): Failure of a landlord to provide each of the written statutes within the time period 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 action against the tenant for damages to the premises.

In addition, a former tenant (you) could file a claim against the landlord in Civil/Magistrates Court (our version of Small Claims) for up to three times your security deposit amount.

Send a letter to management quoting the above Code Section and tell them they have a certain time period (say, a week after they receive the letter) to return your entire security deposit to you.

Gail