Full question:
If a tenant has honored the obligations of an 'Early Lease Termination' and was 'cleared' by the landlord of any damages, including normal 'wear and tear' after seven (7) years, can the landlord, all of a sudden, create a list of supposedly damages and charges, 2 weeks after the fact, and bill the tenant and threaten to send the tenant to collections?
- Category: Landlord Tenant
- Subcategory: Security Deposit
- Date:
- State: Georgia
Answer:
In Georgia, landlords must return a security deposit within thirty days after a tenant vacates. If the tenant paid a holding deposit or fee, its refundability depends on the agreement made at the time of payment. Georgia law does not specifically address the reimbursement of holding deposits, so whether it is refundable will depend on the terms agreed upon with the landlord. Always request a receipt for any deposit or fee paid, and if it is refundable, ask the landlord to note this on the receipt.
If a landlord unlawfully withholds a security deposit, the tenant can file a claim in the magistrate or state court where the landlord lives or has designated an agent for service. If the landlord manages more than ten units or uses a third-party manager, they may be liable for three times the amount of the improperly withheld deposit, plus attorney fees. However, the landlord may avoid treble damages if they can demonstrate that the withholding was unintentional and resulted from a reasonable error.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.