Security Deposit What are my rights as a tenant to get my security deposit back in full?

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christieb

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I just moved out of the house I rented for 3 years (just me and my daughter who is 6). I gave a $1250.00 deposit upon moving in ($250.00 was nonrefundable for a pet (13 year old Choc Lab) and $1000.00 was considered a security deposit). I found my landlord a new tenant, which moved in the following week.

Here is my issues:

We agreed that we would split the remaining security deposit in half for the rent in April since I would be moving out on the 15th, which would leave a balance of $500.00 owed to me. Since he owns less than 10 rental units, there was never a move-in inspection (which has in turned screwed me). The house was built before I was born in the late 70's, so it obviously has its issues. When doing the move out inspection, he complained that there were 2 blinds that were brand new when I moved in (which they weren't) and that they would need to be replaced. He also stated that the stove and cabinets were not clean enough (even though I paid a cleaning service to come in and do the "move out" service). I asked that he send me a dollar amount for the blinds and that we would discuss that before he installed them (which he never did). I sent a follow-up email the following day giving him my forwarding address, as well as a link to Home Depot that had these blinds for $24.97 each. I also stated in the email that I would reschedule the cleaning service (since they have a guarantee) and have them come back out to do the cabinets and stove, which they did the following day.
Yesterday, I receive an email that states I owe $126.00 for the blinds and an additional $155.00 for cleaning and he would be sending me the remaining deposit of $214.00 in the mail. He also stated that he was not charging me for other things like nail holes (which I have read is normal wear and tear) and a chip on the stove (which I didn't do). WTF? Since I was willing to work with him originally, I couldn't believe that he still managed to go ahead and buy the most expensive blinds (actually the most expensive blinds for these doors were $52.00 at Home Depot) and install them without talking about it first. I also could not believe that it would cost an additional $155.00 to a house with nothing in it that has been cleaned twice.

Here is my questions:
- Since there is no mention of what the actual "nonrefundable" pet deposit covers, does that mean he just gets to keep that and charge me for this other stuff?
- If I decided to take him to small claims court, is it reasonable to think that what he is charging is excessive?

I have read the Landlord and Tenant laws in Georgia like 3 times and it really doesn't tell me how to resolve these types of issues. I also realize that it is just $500.00, however I am a single mom, I've taken good care of that place, and just on priniple alone I feel like he should be made to pay. I have no problem paying for reasonable things at a reasonable price, but I haven't been given the option to do so. I stay in touch with the current tenant who has stated that everything in the house that she has replaced with her own money (because the place is so old), he refuses to reimburse her and claims that everything was brand new when I moved in, so I must have ruined it.

Any advice would be helpful!

Thanks!
 
From your email, the charges on your security deposit (the blinds and the stove and cabinet cleaning) have nothing to do with the age of the house. And you don't get to discuss with the landlord what the cost of the replacement blinds "should" be.

If you disagree with what was kept from your security deposit, you are free to sue for this amount in small claims (in Georgia this is known as Magistrate Court). You do not need to hire an attorney; you can represent yourself. You would not be suing for $500; you would be suing for the $281 (or that portion of the remainder of the security deposit you believe was unfairly kept). It appears you had already agreed in your lease that the $250 for your pet was nonrefundable and this is perfectly legal in Georgia.

If you go to court over this the landlord would need to provide proof that these charges for the blinds and the cleaning were both fair and reasonable.

Gail
 
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