reneewatkins23 said:
THANKS for NOTHING. I'll wait on a helpful person!
My advice to you -- when you are tired of waiting for this person to pay -- is to simply take this person to small claims court and sue for the money you think he owes you in accordance with the terms of the contract. (Consider calling the tenant once more and giving him a deadline to pay you first if you wish.) In effect, let the judge review your lease and listen to both sides of the story and sort it all out.
Regarding the date he handed in his keys, depending on the exact details, you may have an argument that he did not surrender possessory control of the apartment until the day he handed in his keys, and thus is liable for rent up until this date. This is what I would argue in court.
I would also recommend that you familiarize yourself with the law covering security deposits in your state, and make every effort to follow the proper procedures you are required to follow. You need to send him a letter stating why you are withholding the deposit. (See below).
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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.
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Familiarize yourself with the whole statute:
http://www.apartmentsusa.com/georgia/ga-rent-tips-securitydeposit.htm
s amicably.