Talk of the Town - Renters’ rights November 11 2000

According to family legend, a landlord once told one of our relatives to repaint his apartment if he wanted his security deposit returned. So the apartment was repainted — all in black. Uncle Gerald got his money back, and the landlord learned a valuable lesson: You have to be specific.
A security deposit is money you give the landlord as protection in case you damage the apartment or move out owing rent. Here are steps to protect your rights if there is a dispute over who is entitled to that money when your lease expires.
Before you move in, you have the right under Georgia law to review a list of what the landlord claims are existing damages to the apartment — missing window screens or a burn on the kitchen counter, for example. If you agree with the landlord’s list, sign it. If not, write on the list any other existing damages, then sign.
Keep a copy of the list with your lease agreement. Have the landlord put in writing what the payments you make are for (pet deposit, cleaning fee, advance rent deposit, application fee, security deposit) and under what terms the payment will be refunded. Ask for receipts and file them with the lease.
Now, fast forward to the end of your lease. Within three business days after your lease ends or you move out (whichever happens later), the landlord must inspect the apartment, prepare and sign a list of damages and give it to you. You may inspect the apartment and must sign the move-out inspection list or write on the list what you don’t agree with, then sign.
If you give the required notice and move out without owing any rent or damages, the landlord must return your security deposit within 30 days after you move out or the end of the lease. The landlord doesn’t have to pay you interest on the security deposit.
A landlord may keep all or part of the security deposit to compensate for damages caused by you, others living with you, pets or guests. A landlord cannot keep your security deposit to cover normal wear and tear, but can deduct unpaid rent, late charges and/or unpaid utilities. The landlord can either subtract from your security deposit when you move out or give you a bill at the time repairs are made. Get estimates from repair companies and compare them to the amount charged by the landlord to make sure the landlord’s charges are reasonable.
You may bring a claim in the magistrate court or state court if the landlord does not return money that belongs to you. If the landlord says you owe money and has turned the debt over to a collection agency, write to the landlord and to the collection agency to dispute the claim. Send copies of inspection lists, receipts and any correspondence. Then check with credit agencies about removing any incorrect information from your credit report.
For more information on landlord-tenant law in Georgia, call the Georgia Legal Services Landlord Tenant Helpline at 404-206-5343 or visit www.rentlaw.com/georgialandlord.htm.