Attorney Referral Needed in Atlanta GA area

[Cynthia Lucas]

Any recommendations for a firm to handle a security deposit refund dispute? Seems pretty simple. Tenant unhappy with $357 charge of $1300 security deposit refund. Actually paid $110 to file lawsuit for $357. Seems pretty simple. We have his approved move-in condition form from 3 years ago, photos of damages, and returned $943 to him within 30 days with detailed report (which he cashed right away). Need attorney to ensure we file proper response and paperwork with court. Thanks!

[Chris Evans]

Quote from @Cynthia Lucas:

We conducted an inspection and delivered notice within 30 days as required by GA law

Georgia Law for security deposit withholding is not 30 days. You must complete the move-out inspection and deliver notice of intent to withhold funds within 3 days of move-out. The Tenant then has 5 days to inspect/dispute the charges. The 30-day window is for reconciling your escrow account. 

If you are a professional landlord, have professional management, or own more than 10 units (in your family) then you have different requirements. If you didn't follow the timelines, you may not have a claim to any of the funds. 

If you have fewer units, or are not professionally managed, $400 is not worth the time to go to court. Pay it, drop the suit, and move on with your life. 

Below is an excerpt from the GA Landlord-Tenant Handbook detailing the process for handling Security Deposits at move-out. 

"Security Deposit

Move-out Inspection. Landlords who own more than ten (10) rental units, including units owned by their spouse and/or children, or who employ a management agent, must provide a formal inspection of the unit on move-out or give back the security deposit.

• Within three (3) business days after the lease terminates, or a reasonable time after the landlord discovers you left, the landlord must inspect the unit and prepare a list of all damage and the estimated dollar value of such damage. The landlord must sign the list and provide it to you.
• You may inspect the unit within five (5) business days after the termination. You must sign the move-out inspection list or specify in writing the items you disagree with. It is best for you to be present there at the move-out inspection with the landlord.
• If you agree with the damage listed on the move-out inspection list, you cannot contest the landlord’s keeping the security deposit to cover the damage. Therefore, it is very important to carefully read through the move-out inspection report.

  Deductions from the security deposit. The landlord cannot keep the security deposit to cover normal wear and tear that occurs as a result of your using the property for its intended purpose. “Normal wear and tear” means the expected slight damages that happen over time from you and your family or guests’ ordinary use of the unit. But, the landlord may keep part of the security deposit for:

  • Damage caused to the premises by the tenant, members of the tenant’s household, pets, or guests, that is done on purpose, by accident, or due to careless acts;
  • Unpaid rent or late charges;
  • Unpaid pet fees;
  • Unpaid utilities that were your responsibility under the lease; or
  • Damage to the landlord caused by early termination."