What happens if the landlord refuses to refund the security deposit even though the tenant satisfied the conditions for refunding the security deposit?
If the landlord refuses to refund the securitdeposit, the tenant may bring a lawsuit to
recover the security deposit in the magistrate, stae, or superior court where the landlord resides
or where his designated agent for service resides.The tenant can sue t recover the security
deposit, interest on the amount whileit was wrongfully withheld, ttorney fees, and the cost of
damages, which the tenant disputed on the moveo-ut inspection list. T e court will most likely
not allow the tenant to recover for the cost ofrepairing items listed as damaged on the move-out
inspection list and not disputed by the tenant.
Under Georgia law (O.C.G.A. §44-7-35), a landlord who owns more than ten (10) units
or uses a third party to manage the units can be liable for three times the amount of the
improperly withheld security deposit plus attorney fees. The landlord may not have to pay treble
damages if the landlord shows that the withholding was not intentional and resulted from an
error, which occurred in spite of procedures reasonably designed to avoid such an error.
My friend was visiting and accidentally burned a hole in the carpet with a cigarette. The landlord says I am responsible for the cost of the repairs and that it will be deducted from my security deposit. Can the landlord do this? How does a tenant know if the landlord is charging a reasonable amount for the repairs?
The tenant is responsible for damages to the premises caused by the tenant and the
tenant's household members, guests, or visitors. The landlord can either deduct the charges from
your security deposit when you move out or he can perform the repairs and bill you for any
incurred cost. To determine the reasonableness of the charges, you could talk with reliable
sources in the repair business and get estimates from them to compare to the amount charged by