Justen, you don't need to get fancy with the letter-here is a something that will satisfy the letter of the law. Now, I'm curious to see if you have any claim at all! First thing is the "60 day notice". I'm not sure that that's enforceable. You have a written one year lease with an end date. I would think that supersedes anything about giving notice. How did you specify it in the lease? I sometimes put in that in order to renew, I want 30 days notice, but written leases are self expiring. Any one care to educate me on this? Second, the electric bill-what does it say about utilities in the lease? If not specified, you're on the hook. That only leaves the carpet-is it totally destroyed? Was it new when she moved in? She could claim that it was 50% worn when she moved in, and thus only owes $542. That leaves a refund for her! Now, as far as a suit for damages. In Georgia, it is very cheap and easy to file, and I always do when I have damages. (with 2 important caveats!) It costs about $125 to file and serve. They never usually show up, so a default judgment is usually granted, and my claims for damages are usually never contested. That is, in a default judgment, you get exactly what you asked for, with court costs, no paperwork needed. And I was once paid by a tenant who needed to get the judgment off his file when buying a house. It also serves as a red flag warning to other landlords as well. When I win, I will file a garnishment with the employer. Does that work? Absolutely! I actually had one guy quit his job after the second garnishment but I still came out ahead, but another I received full payment from the employer, who didn't answer in time! I mentioned two caveats. First, I always have my paperwork in order. Pictures, copies of letters, leases, etc. 2nd, and most important, I always have work history and full information. That's what makes the garnishment work . If someone is on the job for 5, 6 years, likely they won't quit, and sometimes even the threat of an employer garnishment serves to get payment. So, yes, for all those reasons I always will go after delinquencies. Now, as to your case, the amount of money you may get is almost a wash-as far as I can see, she only owes you a couple of hundred at best, (plus the court costs of $125) and you may even owe her!
Dear Tenant,
This letter is in regards to the security deposit of $650 that was placed on our rental contract dated X/X/X. The rental home was located at 70 E. Main Street in Anytown.
During my move out inspection, I discovered some items that I must deduct from the security deposit. . I have charged to the security deposit, as allowed by Georgia law, rents owed due to insufficient notice. I have attached your letter to vacate the premises as proof that the property was left before the lease was officially over.
There were a few other damages in the home. I needed to replace the carpet...... The total cost for this was $1084. Because you only lived there for one year and it was in good condition when you moved in (pictures enclosed, before and after) I must make you 100% responsible for the new paint job. The electric bill outstanding is $200, which I will charge you. I am deducting $1284.00 from the $650.00 to cover the damages and insufficient rent payment. Amount due is $634. Please remit that promptly, or a suit may be filed to collect the balance, which will seriously affect your credit. If you should have any questions, please feel free to contact me at 555-555-1234.
