 no rent (by lee [GA]) Apr 30, 2013 1:39 PM
 no rent (by Dan [MN]) Apr 30, 2013 2:42 PM
no rent (by Bill [TX]) Apr 30, 2013 2:58 PM
no rent (by Moshe [CA]) Apr 30, 2013 4:56 PM
no rent (by Mike SWMO [MO]) Apr 30, 2013 7:53 PM
no rent (by V [OH]) May 1, 2013 5:30 AM
no rent (by Bit Tyrant [IN]) May 2, 2013 12:24 PM
no rent (by lee [GA]) Posted on: Apr 30, 2013 1:39 PM
Message:
State Specific Question About: GEORGIA (GA)
I have tenants that didn't pay their rent and after a month I asked them to pay or leave (notice to perform or quit). There was still 3 months left on the lease. The tenant left but I still didn't get rent for a total of 51 days both while he was living there and after he'd left ($1688) and till I got a new renter in the house. There is security money left after the damages, missing items and late fees, but can I use that in lieu of the rent? And if so do I need to send another letter to them about this? --99.126.xx.xxx |
no rent (by Dan [MN]) Posted on: Apr 30, 2013 2:42 PM
Message:
I clearly state in the lease that I can apply such unpaid balances to their security deposit. If you don't have this in your lease, time to start editing the lease! --69.67.xx.xxx |
no rent (by Bill [TX]) Posted on: Apr 30, 2013 2:58 PM
Message:
I suspect that you can. You have suffered monetary damages due the the tenant's failure to live up to the terms of your lease. I know that I can, but I don't operate in Georgia.
--71.158.xxx.xx |
no rent (by Moshe [CA]) Posted on: Apr 30, 2013 4:56 PM
Message:
I would be very surprised if, in GA, you cannot apply the security deposit to unpaid rent.
However, the matter of GA law is very difficult to track down.
As usual, the Landlord/Tenant State Laws tab at the top of the page redirects to a state consumer HANDBOOK, not to the state laws. The consumer handbook is very mysterious in that it defines Security Deposit (as including advance rent deposits) but it does not reference any law authorizing deduction from the deposit for unpaid rent. Similarly, the cited section of GA code (OCGA 44-7-30) only gives a definition of security deposit to include advance rent deposit, but it doesn't authorize deduction from a non-specific security deposit for unpaid rent. Does that mean that you must specify in the lease what the deposit can be used for? I don't know. Its very mysterious. Perhaps there is another section of code that does that, but:
1. It is not referred to in the consumer handbook.
2. I cannot get a listing of the relevant code sections from from a google search.
3. The entire code seems to be written in a way as to give a minimum of direction to a searcher for justice.
I suggest that you ask a GA attorney, and then send a bill to the GA governor reminding him that this is 2013, that it is his responsibility to lead in writing of the code as clear and usable to those that need to use it, and suggesting that he reimburse you for the attorney expense.
--96.247.xx.xx |
no rent (by Mike SWMO [MO]) Posted on: Apr 30, 2013 7:53 PM
Message:
I would think/hope you can withhold security deposit (some… all). At least our state statutes tell us we can.
I would think, hope your statutes are not silent on this issue.
RSMO 535.300
3. The landlord may withhold from the security deposit only such amounts as are reasonably necessary for the following reasons:
(1) To remedy a tenant's default in the payment of rent due to the landlord, pursuant to the rental agreement;
(2). and others I didn’t list
--216.41.xxx.xxx |
no rent (by V [OH]) Posted on: May 1, 2013 5:30 AM
Message:
Yes deduct the rent in half-month segments, add damage repair costs or estimates if higher than what you can pay now, send everything cert mail and stay off the phone - they know what happened and let the court solve the problem for you. --75.94.xxx.xxx |
no rent (by Bit Tyrant [IN]) Posted on: May 2, 2013 12:24 PM
Message:
@Moshe
"""""and then send a bill to the GA governor reminding him that this is 2013, that it is his responsibility to lead in writing of the code as clear and usable to those that need to use it, and suggesting that he reimburse you for the attorney expense.""""""
LOL, I like the way you think. --205.156.xxx.xxx |
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