RPA Tenant Rights Blog » Landlord Problems, Legal Questions » Landlord Kept Deposit for Bogus Damages

Landlord Kept Deposit for Bogus Damages

By Jacob Hunt

After leaving my previous address, I expected a full refund of the security deposit.  I contacted the landlord about returning keys and doing a walkthrough inspection but received no reply.  Two weeks later, I emailed about the deposit and again received no response.  Same thing a month later.  Finally, one of my former roommates got the landlord on the phone, and within a week we received a check, but about 75% of the deposit had been withheld to replace damaged carpet and the keys we did not return.  We had done no damage to the carpet.  I emailed the landlord requesting details and receipts, but received no reply.

According to Georgia law, landlords with more than 10 units must provide an inspection list within 3 days and refund the deposit within 30 days.  Otherwise, they cannot keep the deposit.  Unfortunately our landlord has fewer units.  Still, they can only withhold money for damages, and I would contend that there were none whatsoever.  There was no documentation, no inspection, nothing.  I am currently trying to visit the old place to see if the carpet was even replaced.
What is my best course of action?  Would I have success in a small claims court?
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Edited on: Wednesday, May 4th, 2011 9:27 pm
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One Response to “Landlord Kept Deposit for Bogus Damages”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Chris

May 9th, 2011 9:12 am

I just happen to be having a similar problem with my former LL. I recently moved out of his apt., did the walk thorough inspection with him, as we got outside, to my disbelief he said he would only return half the deposit ( $1,100.00 total ). I called the cops and the incident got reported. I sent him a letter giving him 30 days to mail it to me, or provide with a list of damages. Just before his time was up, a lawyer , on his behalf , sent me a letter to intimidate me, in my judgment and a fake estimate with a bunch of bogus charges. I am filing a suit against him this week in small claims court for twice the amount as New Jersey law mandates. It’s not even about the money anymore but principles and character. Good luck to you !

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