State Specific Question About: GEORGIA (GA)

My roommates and I decided to break a lease in November 30, 2011 because, according to section 22 of the residential rental agreement, “This agreement and the tenancy hereby created may be terminated at any time, by either party hereto by giving the other party not less than thirty (30) days written notice without cause.” The landlord failed to comply with the State of Georgia Landlord Tenant Law section 4407013. He was repeatedly notified about damages to the property that included broken windowpanes and damage to the kitchen floor, which pre-existed our tenancy. Despite acknowledging that these damages were the result of negligence on the part of former tenants, he refused to repair the windowpanes. He did, however, agree verbally to repair the kitchen floor. However, after seven (7) months of tenancy, the floor remained unrepaired.

Furthermore, during the course of our tenancy, the kitchen sink and its plumbing malfunctioned. The landlord once again acknowledged that these defects pre-existed our tenancy and also acknowledged having made temporary repairs in the past. However, he failed to maintain those repairs and failed to replace the fixtures when they malfunctioned. He did repair the pipes, but only several weeks after having been notified of the problem.

When we decided to break the lease, the landlord gave us a verbal list of repairs that were needed and said it was our responsibility to either repaint or find a tenant who wanted the colors that we had painted. We complied, and found a tenant to move in January 1, 2012. When a final walk through was done with the landlord, no mention was made of any problems and no checklist was signed. The landlord later refused to return our security deposit and claimed additional charges, saying we owed him for unpaid rent and damages.

Without knowing anything about GA, I would guess that the landlord is NOT within his rights to withhold more from your deposit than you actually owe for unpaid rent, damages or any other items for which GA law allows him to offset from the deposit.

Your best method of redress is probably to go to small claims court. There, the issue will be what can be proven to the satisfaction of the judge. You will need to prove that the landlord violated Law section 4407013 (whatever that is). You will need to prove his acknowledgement of problems, that needed repairs were not caused by you, but by previous tenants, that he was notified of needed maintenance which were not repaired, and according to state law timelines, and details of any alleged agreements to return deposit. Thus, the whole case may well depend on what can be proven.

I am always disappointed to hear of landlords that behave this way, although I certainly know that they exist, far too many of them.

I also feel that a tenant should be equally welcome on this site to ask questions. There is no basis for supporting dishonest landlords.

Who knows Lynn may be a future LL, no question is stupid, and what better ones to address than a LL.

Unfortunately you found a bad one. Constructive evictions, it take two and it sounds like your LL did not take care of his part.

Lynn,

Google "Georgia Landlord tentant handbook.". It is an excellent reference for both tenants and landlords in Georgia. Good Luck.

Most poster on here are one owner property people, and the bank is carrying the paper, most are loosing their shirts.

Read the post, no one here is an expert, and all make mistakes. including me.

Less than 3% make a decent living, and will retire with a real living income.

That is just the way it is, when you do not have an open mind, in any business or profession.

A smart man ask and yet he should qualify the person before he ask the question, there are some decent people on here, who will not put you down.

There is enough money to be made honestly in this business so that no one needs to lose their shirts, only to find something else to wear while the shirt is in the laundry. That means that by holding on for a few years, everything will work out OK.

Even landlords can benefit from answering tenants questions because knowledge is knowledge, and one gets to see the business from the viewpoint of the tenant.

Only dishonest landlords object to tenants getting their questions answered, too. They're afraid that if tenants learn what to do, then the dishonest landlord won't be able to cheat more. Shame on them.

If the agreement with the new tenant is via a sub-lease, the original security deposit typically "rolls over" until the lease would normally conclude.

A security deposit can be held for owed rent and damages above normal wear and tear.

Information on the statute of limitations for Georgia:

//www.statuteoflimitations.net/georgia_statute_of_limitations.htm

in: Where are you getting your stats from? I think you are simply wrong on many of them. I don't get the impression at all that most POSTERS on here are single-property owners nor do I get the impression that "most" of them are "losing their shirts."

Making up stats doesn't make them real, you know? :)

- John...

That average property in the US has declined in value over 40%, I own several it's a fact, I have an income from renting them, however,my other investments are doing far better.

I have finally raised my rents, and it has been many years, while the expenses has been increasing.

We often reward non workers, and punish the ones who make money in this country, fix up your home and pay more taxes, let it run down, and pay less,

Less than 3% retire rich, 20% make most of the money, and 80% are just fat and lazy, but they don't live as long...

It is hard to make a buck in business, when you quit peddling it quits going.

IN, you're off base.

While many properties have declined in value over the last FEW years, many of them were purchased before 2008 and are turning a good profit. That you own several doesn't make a fact about most properties, or even average properties. Maybe what you bought and how much you paid, and your forward planning plays a part in your predicament.

I don't know where you get your figures about who retires rich and who makes money and who is overweight, but you evidently don't know much about statistics. If you partition the population by, say education, you'll find that almost everyone who bothered to get an education retires comfortably (sometimes even with reasonable body mass). Even I have lived longer than I had ever dreamt of.

But what does this have to do with poor Lynn? Are you trying to justify landlord dishonesty by complaining about landlords losses due to the economy? Sorry, but I have no sympathy for that. There is plenty of money to be made in this business, and those that did their planning can ride out these few years of bad economy and well do well in the long run by averaging their gains and losses.

I'm 74 and I think you are pulling your thoughts straight out of the air. I knew better since I was 25.

in: NOTHING that you just said relates at all to your statement that "most" posters here have only one property and are "losing their shirts."

THAT was what I was talking about when you said you seemed to just be making stuff up. And, again, nothing in your response to me seems to refute that.

So, you DID appear "pull that out of the air" when it comes to that statement. I absolutely do NOT think that most posters here have one property and are "losing their shirts."

- John...

I have not bought any property in the US since 95, and yet I do not feel I can sell it and make a decent profit.

I can rent it. and doing fine.

My investments are diversified, metals stocks etc,

Good thing about property very little was really invested, 1000 down stock or metals 100% down, so a lot of leverage.

I can only relate to my own finances, and yet most of the country is broke or so they say, and real dollar is not worth a dollar. it buys less and less every day.

I have not bought any property in the US since 95, and yet I do not feel I can sell it and make a decent profit.

I can rent it. and doing fine.

My investments are diversified, metals stocks etc,

Good thing about property very little was really invested, 1000 down stock or metals 100% down, so a lot of leverage.

I can only relate to my own finances, and yet most of the country is broke or so they say, and real dollar is not worth a dollar. it buys less and less every day.

If you bought in '95, then you are probably making enough profit to take good care of your tenants without being dishonest, and without complaining about expenses or dollars.

By the way, a dollar still buys 75 cents in Euros. Its still a dollar, but of course it buys less goods these days. But inflation is always with us, and any landlord knows that rents don't rise every year.