Attorney Referral Needed in Atlanta GA area
Member since 2020 · 10 posts · 10 votes
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!
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.
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:
Did you conduct your inspection and deliver notice of the withholding within 3 days of move out?
We conducted an inspection and delivered notice within 30 days as required by GA law
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.
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:
Thank you for clarifying and providing the code. I only have 4 rentals. Can you guys weigh in on your thoughts if less than 10 properties are owned? Moving forward we will follow the 3 day rule regardless. It seems we will spend more on hourly legal advice than it will cost us just return the $347 even if he doesn't deserve it. Best decision financially.
This is a weird section of law. In most areas that I'm aware of if you have more than 4 properties, you are held to the same standards as a licensed professional. This mostly comes into play with fair housing, but it's 10 on the rental side for SD processing.
The best course of action is to have the tenant present at the walkthrough with your original document for the move-in. Have them sign off on the damage and then they can't dispute the withholding.