[GA] Do these lease terms supersede state law?
The gist of the situation is that my last landlord is trying to keep my security deposit and then some for repairs that are either several times exaggerated or clearly within reasonable wear and tear (I have pictures/video of before/after). I have prepared quotes and sent a statement of dissent but I don't think this should even be necessary as the final damage list was not compiled and made available to me within 3 business days as state law requires but was made available (though without included prices) to me within 10 days as my lease states.
My lease states "The move-out statement shall be prepared within 10 days after the end of the lease, and waives the right to inspect the property after the end of the lease. ... Tenant shall specify in writing the items on the move-out statement with which Tenant disagrees within 2 banking days" (Which I have done, though I have yet to hear anything back)
Here are (I believe) the most relevant sections of O.C.G.A Title 44 Chapter 7 Article 2: O.C.G.A 44-7-35 subsection (a) paragraph (3) states "A landlord shall not be entitled to retain any portion of a security deposit if: The final damage list required by subsection (b) of Code Section 44-7-33 was not compiled and made available to the tenant as required by such subsection."
O.C.G.A. 44-7-33 subsection (b) states "Within three business days after the termination of the residential lease and vacation of the premises or the surrender and acceptance of the premises, whichever occurs first, the landlord or his or her agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage."
Does state law supersede this clause in the lease meaning I would be entitled to the full security deposit? Or are they limited only by their 10 day stipulation as it is in the signed lease? If it makes any difference, I was given a list of "damages" in an unsigned move-out form by over email (which grew over the period of 1 day when they sent an updated form) and a list of prices over text (meaning the official form does not have both damages and prices on it). I've already brought up the above two sections over text and the property manager said the signed contract states 10 days. While I do believe I could get back the majority of the deposit in court, it would be much easier to prove that they would lose in court (if it is the case that the state law supersedes the lease here) and get my security deposit back without further legal action.
Thanks
Here's a few more sections that further clarify the above:
O.C.G.A. 44-7-35 (b) states "The failure of a landlord to provide the lists and written statements within the time periods specified in Code Section 44-7-34 shall work a forfeiture of all the landlord's rights to withhold any portion of the security deposit or to bring an action against the tenant for damages to the premises."
O.C.G.A. 44-7-34 (a) states "Within 30 days after obtaining possession of the premises as provided in subsection (b) of Code Section 44-7-33, a landlord shall return to the tenant the full security deposit which was deposited with the landlord by the tenant ... In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement identifying the exact reasons for the retention thereof, which shall include the comprehensive list of damages prepared as required by Code Section 44-7-33, if the reason for retention is based on damages to the premises"
I am not aware of how many the landlord owns but I do know the property owner is a separate person than who I am dealing with which is the owner of a separate LLC (which I have been in contact with and sending rent payments to). I think it is fair to assume that this LLC is charging some form of fee or getting paid which would nullify this exception though I am not certain.
I realize 44-7-36 exempts smaller landlords that don't use management companies, but my lease also outlines the use of an Escrow account and location which appears to fall in line with what larger landlords are required to do (meaning they do have 11+ properties or pay a fee for management), at least from what I can gather from the law and official government documents (such as page 7 here https://www.dca.ga.gov/sites/default/files/2-15-21_handbook_final_draft.pdf ).
Posted Jul 15, 2021, 7:36 PM UTC