If the landlord sends you something that says they are withholding your deposit for rent or damages you don`t agree with, you`ll have to object to it. The objection does not have to be something special, but it must be made in writing. An email is written. Something like "Mr. landlord, I didn`t damage the floors of the apartment / don`t owe rent / don`t owe a water bill" is enough. Unless the landlord falls within the exception, the landlord must do one of two things: place the deposit in an escrow account in a state-regulated deposit that is used only to store the deposits, and notify the tenant in writing of the location where the landlord`s deposit will be kept; or if the landlord does not make any of the written statements within the time limits set by law, the landlord loses all of the landlord`s rights to withhold part of the deposit or to sue the tenant for damage to the premises. If the landlord does not return a portion of the deposit required under the return to the tenant, the landlord will be liable to the tenant for an amount of three times the amount wrongly withheld plus reasonable attorney`s fees. Before reading this article, you should check out our previous article (link to the previous post to protect your deposit) and our article on what you need to do before moving (link to this post, it will be a next post). It is important to note that the landlord also pays the deposit for items such as non-payment of rent or late fees, for abandonment of the premises, for non-payment of incidental costs, for repair or cleaning work contracted by the tenant with third parties, for unpaid pet costs or for actual damages caused by the violation of the rental contract by the tenant, can be retained. if the landlord is trying to reduce the actual damage. If it is determined that the owner is illegally withholding the deposit, he will be charged three times the amount withheld. However, if the withholding of the amount was accidental, they are only required to pay the exact amount withheld. A deposit is money that a tenant gives to a landlord.

It protects the landlord if the tenant moves for rent or damage. "Security deposits", "pet deposits" and "pre-rentals" are treated as deposits. Pet fees are not treated as a deposit. Deposits are to be returned if the tenant respects the law and has not damaged the apartment. Before depositing a deposit, the tenant must receive a complete list of any existing damage to the premises. The tenant has the right to check the accuracy of the list in the premises before occupancy. Landlords and tenants sign the checklist and this is conclusive proof of the accuracy of the list, but not a conclusive indication of hidden defects. If the tenant refuses to sign the list, the tenant must expressly indicate in writing the elements of the list to which he objects and sign such a statement of opposition. Unclaimed funds: If the letter containing the written declaration and the balance of the deposit is returned undeliverable to the landlord and the landlord cannot find the tenant despite reasonable efforts to search for the tenant, the unclaimed deposit will be confiscated by the tenant and will become the property of the landlord 90 days after the first shipment. You must provide the owner with a forwarding address. So that the owner can send you the deposit. The landlord has one month to send you your deposit or a letter explaining why the deposit will be withheld.

If he does not, he will not be able to withhold the deposit and he will not be able to sue you for the damage caused to the unit. The landlord can also keep part of the deposit if you break the lease. The landlord cannot withhold the deposit to cover "normal wear and tear." "Ordinary wear and tear" is the damage caused by everyday life. Some landlords send a cheque for part of the deposit to the tenant. If your deposit was $500, the landlord can mail you a cheque for $100. If the landlord sends you a cheque for less than the deposit and you cash it out, you can waive your right to recover the rest of the deposit. Yes. Under Georgian law, both the landlord and tenant are entitled to a walk-in inspection of the unit.

The tenant must inform the landlord of their forwarding address before moving, so that the landlord sends the deposit in whole or in part to the tenant. O.C.G.A. Article 44-7-34 stipulates that the landlord must repay the entire deposit to the tenant within one month of the termination of the lease. The deposit cannot be used for normal wear and tear, but any actual damage that is present is the responsibility of the tenant, the cost of which is deducted from the deposit before being passed on to the tenant. In Georgia, there is a certain period for the refund of the tenant`s deposit. A landlord in Georgia must repay the deposit within 1 month of the end of the lease. Georgian bail laws must be strictly followed by landlords who own/manage one or more rental units. No. The law does not require the landlord to pay you interest.

You must receive a copy. The owner must give you a copy. Keep it in a safe place. Once the landlord has received the deposit, he is required to give the tenant written notice of the location of the deposit. The landlord must transfer the tenant`s security deposit to an escrow account created with a bank or credit institution in Georgia for this purpose only. The deposit is held in trust and the landlord must inform the tenant in writing of the location of the escrow account. The landlord is not allowed to withhold part of a deposit if the deposit has not been deposited in an escrow account. Post a deposit of $50,000 or the total amount the landlord holds in deposits (from all tenants), whichever is lower. The bond must be issued by a surety company authorized to do business as such in Georgia and must be presented to the clerk of the Superior Court of the county where the rental property is located. It is subject to the condition that the owner returns the deposit on time and in accordance with the rules.

The Clerk of the Superior Court will receive $5.00 as a filing and registration fee. If the deposit is cancelled, a registration fee of $5.00 will apply. Please note that the Clerk of the Superior Court will not be liable if the coverage is invalid. There are two ways for owners to leave a deposit. If they do not comply, they risk losing their right to withhold part of the tenant`s deposit. • Escrow account You can deposit a tenant`s deposit into an escrow account with a bank or credit institution in Georgia. The landlord must provide the tenant with written notice of the location of the escrow account. If your landlord withholds your deposit, you can take it to small claims court. This is called a district court. If your landlord owns more than 10 units, you can ask the judge to give you three times the amount withheld.

For example, if your deposit was $200, you can ask the court to order the landlord to give you $600. You can also ask for attorneys` fees if you have a lawyer. You can call the Atlanta Legal Aid Society for help. Failure to provide the list of disaggregated damages: If no initial list of damages is provided to the tenant, the landlord loses any right to withhold part of the deposit. Failure to provide the tenant with the written declaration of deduction: If the landlord fails or refuses to provide the tenant with the written declaration of deduction, the landlord also loses any right to withhold part of the deposit. • The tenant has five (5) days after the end of the lease to perform an inspection based on the list provided by the landlord. Once the tenant has signed the list, this will indicate their consent to the listed damages. If the tenant does not agree, he must indicate the specific points with which he does not agree, and then sign a statement of opposition. • Guarantee The owner can also choose to leave a deposit equal to the amount of the deposit.

This must be done in the county where the owner`s rental property is located. • The landlord had not compiled and provided the tenant with a list of the initial prescribed damages. Sometimes cheques are lost, people are forgotten or someone writes the wrong address on an envelope. You want to make sure that the owner didn`t make an easy mistake. But if the owner ignores your calls or doesn`t answer your email or sends you something that says they won`t return your deposit for any reason, read on. The landlord can only use the deposit if the lease or tenancy has been terminated or terminated. Also, the owner can only use the deposit for coverage: Yes. It is a good idea to inspect the device before moving in. If your landlord doesn`t let you see you before moving into the apartment, problems may arise. Georgia law states that owners of more than 10 units must let you look at the unit. If your landlord has more than 10 units, they should make a list of the damage to the unit.

You can then look at the unit to see if the list is correct. This is called a "flow check". Within one month of the termination of the lease or the handing over and acceptance of the premises, whichever comes later, the landlord must return the entire deposit to the tenant. .