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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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My landlord in Georgia is attempting to withhold deposit

Customer Question

My landlord in Georgia is attempting to withhold deposit funds to repair "normal wear and tear" items. Also, there are several items they want replaced (missing screens) that were missing upon move in. It now occurs to me that we were never presented with a pre move in inspection to sign. In some states, this makes the landlord liable to return the full deposit amount. Is this the case in Morgan county Georgia? Having a hard time finding this answer
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am sorry to learn about this situation.

Here is a good summary of Georgia's security deposit laws: http://www.consumer-sos.com/Georgia/Landlord_&_Tenant/ga_security.htm

(The link also has some proposed demand letters you can review and modify for your use if appropriate).

If your landlord refuses to return your deposit, you can sue them in small claims court for breach of contract - see: http://www.morganga.org/index.aspx?NID=210 (link for Morgan County Magistrate Court).

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.