What do I do about this- deposit issue?

[wildchild75]

What is the name of your state? Georgia

I recently moved out of a rental home. The lease was up but my landlord had said he wanted to replace the carpet and was not sure if it was just old ratty carpet and time for replacement or not, and would consult with the carpet guy. The lease was up, I gave him sufficient notice that I was moving.. all the lease terms were satisfied. No rent was left unpaid...etc.

I left a $1000.00 deposit at the beginning of my lease and I have been out of the home for almost 35 days. I sent a letter two days after moving, letting him know that we were out of the house officially and that he had 30 days to send me a bill for the carpet or return my deposit. ( I have rented a few times so I knew to do this) I sent this certified with return receipt and he did in fact sign for it. I have not received any letters or deposit back or heard anything from him. What are my options? How do I get my deposit back? Can he still take money for the carpet from my deposit or bill me after the 30 days have passed and am I liable to pay or give up portions of the deposit? FYI- The carpet had normal wear and tear, it was just 10 year old carpet and needed to be replaced.

~ Thanks, R.H

 

[treese]

If the LL did not return your security deposit or send an accounting within the time GA LL/T Law allows, you can sue in Small Claims Court.

 

[wildchild75]

Do I have a good chance of winning? Even if he tells the judge that I "ruined his carpet" (which i didnt) I just do not want to go in there and look like an arse.

~Thank you.

 

[BL]

If the LL does not fallow the Laws , you take him to Court and sue for the whole amount , plus damages for not fallowing the LAW . Some States allow triple damages .

Also, if that doesn't work , let him prove the value of the ratty carpet , or He will most likely lose anyways .

 

[wildchild75]

taking next step....

I am going to write a letter today to let the landlord know that we have not received our deposit or a bill for the carpet as he stated he would do and the time limit is now up. What should the letter say? Should I even write the letter or go straight to small claims court? I just want my deposit back and would like this not to get ugly and waste alot of time. Can he sue me after the fact for any "carpet replacement costs" and would it be possible to win any damages when he neglected to send us a bill in the time frame allowed by law?

~Thank you.

 

[BL]

file small claims and let the court decide . sure you could write a demand letter that you want your deposit . give 7 business days to receive it , or you will file suit , but why prolong it .

 

[Zigner]

file small claims and let the court decide . sure you could write a demand letter that you want your deposit . give 7 business days to receive it , or you will file suit , but why prolong it .

Because the law in that state might require notice

 

[BL]

Because the law in that state might require notice

From a simple google search :


http://www.dca.state.ga.us/housing/HousingDevelopment/programs/downloads/landlord/secsdeps.html

 

[Zigner]

From a simple google search :


http://www.dca.state.ga.us/housing/HousingDevelopment/programs/downloads/landlord/secsdeps.html

Yes, very simple - and also shows that, in order to recover the maximum amount, the OP should likely send a demand letter before proceeding with a small claims suit.