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Thanks for your help thus far. I sent a certified letter to…

Hi,Thanks for your help thus...
Hi,Thanks for your help thus far. I sent a certified letter to the apartment community (NC) and the management company (GA). The apartment community received the letter but I did not a signature confirmation.Attached is a copy of the letter I sent as well as a copy of their response.What do you think is the next best course of action?Thank you so much!
-Brandon Baxley
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Answered in 6 hours by:
4/26/2018
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,991
Experience: Licensed Atty, 29 yrs exp in the practice of law.
Verified

Hello,

Thank you for the information and your question. If you cannot come to an agreement, then you can file suit in small claims court for your entire security deposit. The landlord will then have to prove the damages were caused by you and also prove that the replacement of the entire carpet was the only reasonable option. Also, of course, that the amount they are asking for for that replacement is a reasonable fair market amount.

If there was no walk through when you moved out, or, if you have photos that showed pre-existing damages and the damage that they property owner is saying that you were responsible for, that will help with your case.

The local court clerk should have the small claims court forms for you if you cannot find them online through your County Court Clerk website.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 3 months ago
Hello,I appreciate your response to this. I have just 3 more questions:1. Based on your response, I should sue for the entire security deposit (only $150.00) even though I am liable for the damage to the one room? Can I also sue for Punitive damages as well?
2. If it goes into collections, and affects credit report what recourse do we have?
3. If I take them to small claims court, does it need to be filed in NC (Location of Apartment) or GA (Location of company).Thank you so much!

Thank you for your reply.

1. You sue for the entire amount and it is up to your landlord to prove that they complied with the security deposit return law and also prove damages. If they can't do either, then the court will award you the entire amount, even if you did cause damage. However, the judge is more likely (since this is a court of equity), assuming that the landlord complied with the security deposit law, to award the landlord some for the damages. But again, the landlord has to establish the facts that I discussed in my initial answer.

2. It can't go into "collections" unless there is a judgement in court against you and you refuse to pay it. In that case, you would have no option but to pay.

3. Location of the apartment is the correct jurisdiction.

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Customer reply replied 3 months ago
Thank you very much.I will pursue small claims court. Can I also sue for punitive damages as well?

You're very welcome.

Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,991
Experience: Licensed Atty, 29 yrs exp in the practice of law.
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