Security Deposit/Last Month’s Rent

By georgiadawgs

I live in Athens, GA and am wondering what the legality of using our security deposit to cover our last month’s rent is. The landlord has been completely hands off and unwilling to do needed improvements to the home. It took 4 months, many emails and false promises to get an exhaust fan installed in the bathroom (finally budged when I mentioned the mold being created was a health hazard).

We paid a deposit of a full month’s rent when we moved in and are hoping to use that money to cover the last month’s rent. The landlord did NOT come into the house before we moved in and had not been inside the house until the last 2 months for the 2 years we have lived here. I mention this to say, he did not perform any sort of damage assesment when the last tennants moved out/we moved in but did not return any of their security deposits. We expect that he will pull the same thing with us and dont believe it would be fair or possible for him to asses any damages to us because he did not do a pre move in inspection to compare the houses condition then with its current condition.

What recourse if any does the land lord have if we chose not to pay last month’s rent and accept that our deposit will not be returned?

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