Getting your rent deposit back:
We've all heard the renter's nightmare: rent a house or apartment, take good care of it, and when it come time to leave, the landlord decides to keep your security deposit. Is there anything you can do about it?
Q: John, most of us have rented a house or apartment at one time or another, and there is nothing worse than having a landlord rip you off for the security deposit. In most cases, we're talking about at least one month's rent, and that can amount to more than a thousand dollars. What's the story with security deposits?
A: You're right - its a well known story - renter moves in, takes good care of the property - moves out, and the landlord keeps the full deposit.
Well, first, we need to understand what a security deposit is. It is a sum of money, usually held in an escrow account, to make sure you fulfill all your obligations under the lease agreement, and that means you MUST understand your lease and the commitments you have made:
Q: OK, what are we talking about here?
- You are promising to pay all your financial obligations, including rent, late fees, return check fees, and any other costs that are outlined in the lease.
- Next, you agree to pay your last months rent on time and not try to use the security deposit as your last months rent.
- Finally, you promise to leave the property in the same condition it was on the say you leased it, normal wear and tear excepted, on time and with full and proper notice.
Assuming you are prompt in your bill paying, it's most likely that you will run into problems with part three, leaving the property on time and free of damages.
Q: So, how do we get our security deposit back?
First, you have to give proper notice, and make sure you keep a record of the notice you have given.
Georgia law says that, unless the lease says otherwise, you must give the landlord 30 days notice. But most leases call for 60 days notice, and that notice usually MUST be in writing. My advice is to give the landlord notice as SOON as you know you will be leaving, and that you get written proof of notice that will hold up in court. That is either a signed receipt, or by sending it certified mail.
Know in advance if you try ot move out without giving proper notice, you will likely be charged an additional month's rent. Landlords are NOT required to pro-rate days of the month unless they agree to do so.
Second, you MUST pay your final month's rent on time and not try to use your security deposit as your last month's rent.
Q: But if the security deposit is the same amount a month's rent, why can't the landlord simply use the security deposit for the last months rent?
A: Because the security deposit does not belong to the landlord. It is being held on YOUR behalf to secure your performance under the lease. And the moment you fail to make payment for the final months rent, you are in default, and additional charges start building up.
In my opinion, this is the biggest mistake tenants make. Trust me - DO NOT try to use the security deposit to pay the final months rent - you will end up with bad credit and a big bill in small claims court.
Finally, you must move out ON TIME, which is typically twelve o'clock noon on the date of termination.
Under most leases I see, you must remove ALL your possessions, leave the house in a clean, ready to rent condition, and TURN IN YOUR KEYS by NOON on the date of termination. Unfortunately, that means probably cleaner than you kept it during the time you lived there, and cleaner than you would normally leave an apartment. You will probably need to have it cleaned by a cleaning service.
Q: Is that all? IT sounds like a lot of work. And isn't there some sort of MOVE OUT INSPECTION?
A: Yes, I'm glad you mentioned it.
The last step here is the MOVE-OUT INSPECTION, which must be conducted within three business days of your termination date and time.
Q: Do I have a right to be there during the inspection?
No, the landlord can perform the MOVE-OUT with or without YOU being there.
The KEY here is being able to PROVE what the condition WAS when you moved IN, and that means you need LOTS OF CLEAR PHOTOS, timed and dated on the camera, that you collected ON THE DATE of your original MOVE IN INSPECTION.
Q: What happens if I do EVERYTHING right and the landlord STILL wont refund my security deposit.?
IF, after three business days of moving out, you have not received your security deposit or a letter of explanation, you should notify the landlord that they have failed to provide you will a MOVE-OUT INSPECTION FORM as required by Georgia law, and that you now demand a full and complete refund of your deposit or you will contact a qualified attorney to protect your rights.
In contrast, if you receive a PARTIAL REFUND or NO REFUND with a letter claiming DAMAGES, you should contact a real estate attorney immediately. There are severe penalties for landlords who IMPROPERLY withhold security deposits, and your attorney is best equipped to advise you on getting what you deserve.
MORE INFORMATION: Download the Georgia Landlord Tenant Handbook