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r/legaladvice•
Hyper440

[GA] Apartment Billed me for Damages after Move-Out

I moved in around late July 2015 with two other tenants who had been there for over a year already at that point. We all moved out four months later in November. I moved out a week after the other two.

During move-out, the property representative told me that it was all good and I could expect the security deposit ($250) and excess paid rent ($200) to be sent by check to my forwarding address within two weeks. Over a month later I began emailing them to inquire about the status of these refunds as I had not yet received them.

Two weeks after my inquiries, six weeks after move-out, they finally replied that they would not be refunding me anything and that I owed them about $500. I disputed the matter with them and they stopped replying after a week.

I assumed the matter was closed and was willing to cut my losses as I had moved overseas (military). This week I received a debt collections notice for the $500 they claim I owe them. What recourse do I have? I'm not paying that charge and I'd still like to get the $200 in over paid rent that they owe me.

Even if their claims are justified (they claimed the carpet needed to be re-done and the walls repainted) am I on the hook for all of that? I lived there for less than 20% of the period the other roommates lived there. I left the carpets and walls in the same condition they were when I moved in. There was no walk-through when I moved in to see what damages had already occurred before I moved in.

Posted Apr 14, 2016, 4:59 PM UTC

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swalsh411Quality Contributor•

If you were on the lease and the charges then you can be held responsible for the entire amount. You could sue your former roommates of course, but you can also be sued by the apartment management or collection agency. As to whether the charges are valid or not, that would depend on the evidence either side presented. Wear and tear damage due to normal living is generally not something the tenant will be found liable for. If you are overseas in the military you have some protection from getting sued while on active duty.

1
MelkorHimself•

You can try sending a certified letter demanding evidence that the damage was beyond normal wear and tear lest you sue them in small claims court.

In the future, photograph and/or video record the condition of your unit when you move in and when you vacate.

1
fierceindependence3•

Did the landlord provide you an itemized list of deductions within 5 days of your moving out? (10 or more units on the property?)

Georgia law requires the landlord to inspect the premises for defects and compile a list of damages and their estimated dollar value. The inspection and the list must be completed within three business days of termination of the occupancy. The list must then be furnished to you within five business days from termination of the occupancy. See Georgia Law 44-7-33(b). If the landlord is late, he loses the right to retain your security deposit even if the apartment was left in shambles. 44-7-35(b). All landlords regardless of the number of units they own, must return the remaining security deposit to the tenant within one month after termination of the lease or surrender and acceptance of the premises, whichever occurs last. 44-7-34

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