Landlord won't give me my deposit

[veason100]

What is the name of your state? Georgia
I signed a year lease/aqctually lived there for 2 years going month to month for the 2nd year,I was never late on rent and have the proof.Once I decided to move out I gave a 60 day notice in writing.We never did a check list upon moving in,now it's been almost 60 days since I moved out and now the Landlord is saying she will have to provide me with a list of items that needs to be taken of before returning my deposit includung $230.00 to clean carpet which is unheard of for a 2 B/R condo which I cleaned the carpet for $65.00 every 6 months.Is there a time limit on returning the deposit?I really don't think the landlord deposited the money in a escrow account I don't think she has the money.What can I do?What is the name of your state?

[justalayman]

This should answer most of your question

CODE SECTION *** 12/03/01

44-7-35.

(a) A landlord shall not be entitled to retain any portion of a
security deposit if the security deposit was not deposited in an
escrow account in accordance with Code Section 44-7-31 or a surety
bond was not posted in accordance with Code Section 44-7-32 and if
the initial and final damage lists required by Code Section 44-7-33
are not made and provided to the tenant.

(c) Any landlord who fails to return any part of a security deposit
which is required to be returned to a tenant pursuant to this
article shall be liable to the tenant in the amount of three times
the sum improperly withheld plus reasonable attorney's fees;
provided, however, that the landlord shall be liable only for the
sum erroneously withheld if the landlord shows by the preponderance
of the evidence that the withholding was not intentional and
resulted from a bona fide error which occurred in spite of the
existence of procedures reasonably designed to avoid such errors.

44-7-33 G
*** CODE SECTION *** 12/03/01

44-7-33.

(a) Prior to tendering a security deposit, the tenant shall be
presented with a comprehensive list of any existing damage to the
premises, which list shall be for the tenant's permanent retention.
The tenant shall have the right to inspect the premises to ascertain
the accuracy of the list prior to taking occupancy. The landlord and
the tenant shall sign the list and this shall be conclusive evidence
of the accuracy of the list but shall not be conclusive as to latent
defects. If the tenant refuses to sign the list, the tenant shall
state specifically in writing the items on the list to which he
dissents and shall sign such statement of dissent.

(b) Within three business days after the date of the termination of
occupancy, the landlord or his 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 tenant shall have the
right to inspect the premises within five business days after the
termination of the occupancy in order to ascertain the accuracy of
the list. 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 shall state specifically in
writing the items on the list to which he dissents and shall sign
such statement of dissent. If the tenant terminates occupancy
without notifying the landlord, the landlord may make a final
inspection within a reasonable time after discovering the
termination of occupancy.

(c) A tenant who disputes the accuracy of the final damage list
given pursuant to subsection (b) of this Code section may bring an
action in any court of competent jurisdiction in this state to
recover the portion of the security deposit which the tenant
believes to be wrongfully withheld for damages to the premises. The
tenant's claims shall be limited to those items to which the tenant
specifically dissented in accordance with this Code section. If the
tenant fails to sign a list or to dissent specifically in accordance
with this Code section, the tenant shall not be entitled to recover
the security deposit or any other damages under Code Section
44-7-35, provided that the lists required under this Code section
contain written notice of the tenant's duty to sign or to dissent to
the list.

44-7-34 G
*** CODE SECTION *** 12/03/01

44-7-34.

(a) Except as otherwise provided in this article, within one month
after the termination of the residential lease or the surrender and
acceptance of the premises, whichever occurs last, a landlord shall
return to the tenant the full security deposit which was deposited
with the landlord by the tenant. No security deposit shall be
retained to cover ordinary wear and tear which occurred as a result
of the use of the premises for the purposes for which the premises
were intended, provided that there was no negligence, carelessness,
accident, or abuse of the premises by the tenant or members of his
household or their invitees or guests. In the event that actual
cause exists for retaining any portion of the security deposit, the
landlord shall provide the tenant with a written statement listing
the exact reasons for the retention thereof. If the reason for
retention is based on damages to the premises, such damages shall be
listed as provided in Code Section 44-7-33. When the statement is
delivered, it shall be accompanied by a payment of the difference
between any sum deposited and the amount retained. The landlord
shall be deemed to have complied with this Code section by mailing
the statement and any payment required to the last known address of
the tenant via first class mail. If the letter containing the
payment is returned to the landlord undelivered and if the landlord
is unable to locate the tenant after reasonable effort, the payment
shall become the property of the landlord 90 days after the date the
payment was mailed. Nothing in this Code section shall preclude the
landlord from retaining the security deposit for nonpayment of rent
or of fees for late payment, for abandonment of the premises, for
nonpayment of utility charges, for repair work or cleaning
contracted for by the tenant with third parties, for unpaid pet
fees, or for actual damages caused by the tenant's breach, provided
the landlord attempts to mitigate the actual damages.

(b) In any court action in which there is a determination that
neither the landlord nor the tenant is entitled to all or a portion
of a security deposit under this article, the judge or the jury, as
the case may be, shall determine what would be an equitable
disposition of the security deposit; and the judge shall order the
security deposit paid in accordance with such disposition.