Returning Tenant Deposits in Atlanta: What’s the Law? Learn All About It and Where to Turn for Legal Help with Your Landlord‑Tenant Issues
Something that comes up naturally and inevitably in every Atlanta and Greater Metro Atlanta Area landlord-tenant relationship is that the tenants move out of the house. Indeed, all tenancies must come to an end at some point, and whether a tenant stays for only a short time, or perhaps has been in the home forever, the matter of the security deposit will come up. Unfortunately, not all tenants leave a rental home in good shape when they move out, and Atlanta and Greater Metro Atlanta area landlords will need to make security deposit deductions in some cases. But what are the laws regarding returning tenant deposits in Atlanta and the Greater Metro Atlanta area? And where can Atlanta and Greater Metro Atlanta area landlords go for legal help with sticky tenant issues? We answer those questions here.
Returning Security Deposits to Atlanta Tenants: The Laws on the Books
At the outset, it is important to keep in mind that Atlanta and Greater Metro Atlanta area landlords can only demand or receive a security deposit that is in an amount of up to two months’ rent. If an Atlanta landlord determines that there has been damage to the property and that the tenants are responsible, at move out, the landlord may keep a portion of the security deposit. However, strict laws apply to the process of keeping any portion of a tenant’s security deposit. First, the landlord must inspect the property and make a list of any damages, and their estimated dollar value. This must be presented to the tenant, who can dissent. Secondly, under Georgia laws, “Within three business days after the termination of the residential lease and vacation of the premises or the surrender and acceptance of the premises, whichever occurs first, the landlord or his or her agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage.” The law goes on to mandate that, “The tenant shall upon request have the right to inspect the premises and such list within five business days after the termination of the residential lease and vacation of the premises or the surrender and acceptance of the premises and the inspection by the landlord or his or her agent. If the tenant is present with the landlord at the time of the inspection, the landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If the tenant refuses to sign the list, he or she shall state specifically in writing the items on the list to which he or she dissents and shall sign such statement of dissent.” Importantly, if an Atlanta or Greater Metro Atlanta area landlord unlawfully withholds a tenant deposit, they may owe the tenant up to three times the amount that was wrongfully withheld.
Getting Legal Help with Your Landlord-Tenant Issues in Atlanta
If you are in the Atlanta or Greater Metro Atlanta area and you need legal help with your challenging landlord-tenant issues, do not hesitate to speak with an experienced Atlanta and Greater Metro Atlanta area landlord-tenant lawyer today. The experienced Atlanta and Greater Metro Atlanta area landlord-tenant lawyers at Evans Law are here to help. Contact Evans Law today and speak with a lawyer about your case now.
