Q: The property manager of my former apartment has refused to refund my security deposit. What can I do?
In September of last year, I moved into a property located in Lithonia, Atlanta, Georgia. During my stay, I fulfilled all my financial obligations, including rent and utilities. However, after some time, I began to notice questionable practices from the property management, as they charged me and my co-tenants excessive fees. Despite my numerous complaints, I decided to wait until the end of my lease agreement before moving out.
According to the lease agreement, my security deposit was to be refunded upon moving out. However, it has now been two weeks since my departure, and I have yet to receive my deposit. I’ve made several attempts to contact them, but they seem intent on avoiding their obligation to return my security deposit. Among their fraudulent claims is their insistence that I must pay for utilities for the entire month of September, despite having moved out on the 2nd of that month.
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A:
You have a few options to resolve this issue. First, review your lease agreement and Georgia's security deposit laws. In Georgia, landlords are required to return the security deposit within 30 days of moving out, provided you didn’t damage the property beyond normal wear and tear. If they haven’t given you a written explanation or itemized deductions, they may be violating the law.
Next, send a formal demand letter to the property manager, stating that you expect your security deposit back within a specific time frame, such as 10 days. Be clear that you will take further action if they don’t comply, which could include filing a complaint with the Georgia Department of Consumer Affairs or taking the case to small claims court. Keep records of all communications, including emails and calls.
If they continue to withhold your deposit without justification, filing in small claims court is an option where you can present your case. Georgia courts typically handle tenant-landlord disputes, and if the landlord is found to be withholding your deposit illegally, you may also be entitled to damages beyond the deposit itself.
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