• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Owners of rental home are harrassing me.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

notredamegirl

Junior Member
What is the name of your state? GA



I moved out of a house and lost part of my deposit due to damages to the carpet of the home. It pretty much needed to be replaced in the family room and we had a $1300 deposit. The owner(whom I had never spoken with before...always went thru his agent-my landlord) called my new home and began to verbally attack me. Telling me that he was disgusted at the carpet and we were trash, etc. The carpet was stained pretty badly but it was nothing filthy on the carpet, just kool-aid stains, etc -- no animal stains or anything like that. We have 3 children under 5 and had never had carpet before. Plus it was the crappy carpet they put in rental homes. So, I asked him not to call me and i called the landlord and made sure he knew he could keep what he needed of the deposit to replace the carpet, ofcourse, and give us what was left back. I gave him my new address and asked him to please mail me a bill so I could make sure we got the remainder of the deposit back. He agreed.

A couple days after that someone came to my house in the evening (after 8pm) and I was home alone with my children. Twice he came and he pulled up without his headlights and sat in the driveway. We have quiet time in the living room from 8-9 and then bed time so there were no lights on that he could see from the driveway. He sat for a few minutes and left, pulling away very slowly as if looking in my windows.

SO, yesterday the owner of the house shows up on my doorstep (same vehicle that had been sitting in my driveway the nights before)... i have a house FULL of people and he said he wanted to have a word with me about how i ruined his carpet. He is standing there yelling into my home and my guests can hear. (very embarrassing-- we did not do anything horrible to his carpet and we already offered our deposit) SO my husband comes to the door and tells him to get off our property and dont ever come back.

We call the landlord and he said well, they are entitled to discuss this with you. He just wants to work some things out. We explained that we arent interested in working anything out and will not accept or return any calls. All we want is the bill. If they have something to say, send a certified letter. Right before we get off the phone with the landlord he starts asking me about my work schedule and what times I am home in the evening... which starts to make me nervous. Especially since my husband works out of town and was only home for the holiday. We ended the call with him at that.

So this morning... I am leaving for work and I see the owner pull into our neighborhood as I go out. I called a neighbor down the street and she said there was no one there and would keep watch for me.

Can I call the police if he continues to visit my home and can they do anything to make him stop? Should I get an attorney or would that do any good? Does anyone have any advice for me?
 


notredamegirl

Junior Member
update... please help!!

What is the name of your state? GA -- cant find my original post. if u find... it will help

The owner of my former rental home is saying that I owe more damages than my $1200 deposit. We have asked several times for a bill so that we can pay. He keeps showing up at my home unannounced to "talk" after 8pm.

I listed my in laws and my mother on my lease as references. Last night the owner called my mother and asked for me (they have my number) and ofcourse my mother said this is not her home. The owner asked where i was and if she could have my cell. My mother said no and then the owner told my mother.... "well, little miss _______ (my name) is gonna get a visit from the sherriff... u better tell me where she is. let me tell u what she did to my carpet. "

I have asked her repeatedly to send me a bill.... can she sue me and win a judgement without giving me the opportunity to make it right? the LL (not the owner) keeps calling my house and i have asked him not to call me anymore.. just send the dang bill.... but he says, well they want to be diplomatic. do i have any obligation to meet these people? there is nothing they can tell me without an estimate for the carpet. which they currently dont have.

IS this legal....?? I really am UPSET that she is calling my relatives off my lease and getting them involved. I want them to STOP coming to my home and harassing me over the phone... .What can i do??? HELP


Does anyone have a good cease and desist letter than I can see that would apply to this situation?
 

Who's Liable?

Senior Member
notredamegirl said:
What is the name of your state? GA -- cant find my original post. if u find... it will help

The owner of my former rental home is saying that I owe more damages than my $1200 deposit. We have asked several times for a bill so that we can pay. He keeps showing up at my home unannounced to "talk" after 8pm.

I listed my in laws and my mother on my lease as references. Last night the owner called my mother and asked for me (they have my number) and ofcourse my mother said this is not her home. The owner asked where i was and if she could have my cell. My mother said no and then the owner told my mother.... "well, little miss _______ (my name) is gonna get a visit from the sherriff... u better tell me where she is. let me tell u what she did to my carpet. "

I have asked her repeatedly to send me a bill.... can she sue me and win a judgement without giving me the opportunity to make it right? the LL (not the owner) keeps calling my house and i have asked him not to call me anymore.. just send the dang bill.... but he says, well they want to be diplomatic. do i have any obligation to meet these people? there is nothing they can tell me without an estimate for the carpet. which they currently dont have.

IS this legal....?? I really am UPSET that she is calling my relatives off my lease and getting them involved. I want them to STOP coming to my home and harassing me over the phone... .What can i do??? HELP


Does anyone have a good cease and desist letter than I can see that would apply to this situation?

Have you sent a WRITTEN demand for your deposit or the itemized bill as required by your states LL/T laws? Some states do not start the clock on when a LL is supposed to send you back your deposit UNTIL you have sent that letter! You may be tripping over your own feet on this one...

Read up on your LL/T laws!
 

notredamegirl

Junior Member
i sent a certified letter today requesting that they cease and desist all communication with anyone other than myself or my husband and that they correspond with us only in writing. i also asked them to please send estimates for the damages. would they have a chance of winning a suit if they bypassed all that and took me straight to court. i am more than willing to work with these people but im not just going to give them money.. i want a bill. is that fair of me? i think it is since i was refused a walk thru by the LL to discuss the damages. i agree the carpet is bad in 1 room.. but it sounds like he wants the WHOLE house recarpeted and thats not needed... thanks
 

Who's Liable?

Senior Member
notredamegirl said:
i sent a certified letter today requesting that they cease and desist all communication with anyone other than myself or my husband and that they correspond with us only in writing. i also asked them to please send estimates for the damages. would they have a chance of winning a suit if they bypassed all that and took me straight to court. i am more than willing to work with these people but im not just going to give them money.. i want a bill. is that fair of me? i think it is since i was refused a walk thru by the LL to discuss the damages. i agree the carpet is bad in 1 room.. but it sounds like he wants the WHOLE house recarpeted and thats not needed... thanks

You did the right thing... It is fair and legal for you to know what you are paying for... Chances being, they might have forfieted(sp) their right to the security deposit if they have not sent anything back... Verify with your states LL/T laws. If they sue, counter sue for 1.5X the amount of the deposit and cite the statute as reason...

You need to request EVERYTHING in WRITING... Shows a paper trail, and it's proof in jail that the actions you took actually happened... Do NOT talk with them about ANYTHING... If they call or try talking to you in person, tell them to send something to you in writing and simply hang the phone up or walk away... Give them an address where you can be reached. Send ALL corespondence in writing CRR...

When you go to court, bring ALL your paperwork...
 

bdancer

Member
I believe Georgia requires written notice of damages withing 30 days. If the landlord fails to do so, he has to return your deposit.

In any case, the owner has absolutely no right to show up at your house. Call the cops -- I would have called the cops the first time when he just sat in your driveway.
 

notredamegirl

Junior Member
ok. we still have not received anything from them and we have been out of the house since June 23rd. On July 23rd, if we still have received nothing from them, do we send a letter telling them that we want our security deposit? If they sue us after the 30 days have passed for damages, etc. would they have a chance at winning? Thank you all SOOOOO much for the info!!! U are wonderfu.
 

notredamegirl

Junior Member
as i mentioned above, i sent them a cease and desist letter on 7/5 and i included that they will need to send me estimates for the repairs that they requested, as i am not just giving them money and reminded them they still have my deposit as of 7/5 and need to decide on how it will be used or return it. i have heard nothing else from them since that time. the day before i sent the letter the owners called my mother and told her they were just going to sue me and werent sending a bill.. i am afraid that is what is taking so long. can they do that and win without giving me the opportunity to see a bill?
 

BelizeBreeze

Senior Member
O.K. everyone take a breath.

Now, let's retrace our steps here for a second. When you rented the place, did you receive a written declaration of accounts specifically, regarding whether or not the security was 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.

Also, have you ever been given a written list of damages for which the landlord has made claim against the security deposit?

and WHEN exactly and according to your lease, did tenancy expire?

Answer JUST these questions and don't go off on a tangent.
 
Last edited:

notredamegirl

Junior Member
The landlord TOLD me the money was in an escrow account. He did not give me any information about the account.

The landlord has NOT given me a written list of damages.

thank you.
 

BelizeBreeze

Senior Member
notredamegirl said:
The landlord TOLD me the money was in an escrow account. He did not give me any information about the account.

The landlord has NOT given me a written list of damages.

thank you.
and when did the lease expire?
 

BelizeBreeze

Senior Member
notredamegirl said:
the lease expired June 25 and we were out June 23rd and paid the full month of June.
Then, on July 26th, if you have not received either a list of damages with a check covering the difference between the itemized damages and your deposit, take yourself to your local small claims court and file suit against the owner and landlord as owner's agent.

http://www.rentlist.net/LTsecdep.htm

44-7-35 G
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.

(b) The failure of a landlord to provide each of the written
statements within the time periods specified in Code Sections
44-7-33 and 44-7-34 shall work a forfeiture of all his rights to
withhold any portion of the security deposit or to bring an action
against the tenant for damages to the premises.
 

notredamegirl

Junior Member
Ok. Thank you. However, if I am served before they give me a list --- what are my options? This is what they are threatening to do. Seems like they would have no case since they first, still have my deposit, and second, have not given me a list of damages before filing suit.

Thank you again.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top