Q: Can former landlord keep my deposit and sue me on top of that for alleged damages?
Apparently they did not put the deposit in an escrow account (code 44-7-31). They said they put the deposit in a "separate account".
They did not give a comprehensive list of initial damages as 44-7-33 requires. They did a comprehensive move-out inspection though. Now they claim we owe them the deposit plus a lot more for all the ills of the house.
Property manager siding with LL, wants to testify that house did not have these damages before we moved in.
I offered over the phone that they just keep the deposit. They still ask for more money.
How strong is their case if going to court? How strong is mine? Will a judge follow the letter of the law about 44-7-31 and 33?
A:
Under the law, the security deposit is supposed to be placed in a trust account. If it is not, the security deposit cannot be withheld for damages. The exception would be if the owner did not have a management company and did not have more than 10 rental units. (See OCGA 44-7-36)
Moreover, if you sue for return of your security deposit, the judge can award you three times the wrongfully withheld deposit plus attorney's fees. If you sue in Magistrate Court and are unhappy with the results, you can appeal to State or Superior Court. At that point, the evidence is submitted again before a new judge. Yes, in both cases, judges generally follow the law.
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