Damage deposits, advance rent deposits and pet deposits are also security deposits. Earnest money, application fees and pet fees are not security deposits.
What
is the Security Deposit Law?
The security
deposit law requires all landlords who rent apartments or homes to return
the security deposit within one month after the lease ends or after the
tenant returns the rental property to the landlord.
The security deposit law has remedies that apply to certain landlords who rent homes or apartments. It covers landlords who own more than 10 units. It also covers the landlord if someone else manages the property or collects rent.
Landlords
who with their spouse and minor children own 10 or less units are exempt
from the remedies of the security deposit law. However, the law covers
the landlord if someone else manages the property or collects rent.
The security
deposit law does not cover business property.
Can
I Inspect the Apartment or Home Before I Move In?
Yes, if
your landlord is not exempt from the security deposit law. Get a list of
damages to the apartment before you pay a security deposit.
Inspect the apartment or home. This will help you find out if the list is correct. Both the landlord and the tenant must sign the list. The signed list is proof of the condition of the apartment at the time you move in.
What if you disagree with the list? If you disagree with the list, you must write down what you don't agree with and sign a statement of disagreement. Keep a copy of this list.
Can
I Get An Inspection When I Move Out?
If the
landlord is covered by the security deposit law he or she must inspect
the apartment and make a list of damages. This must be done within three
business days after you move out and return the keys.
The tenant has the right to inspect the apartment within five business days after he or she moves out. This allows you to see if the list is accurate. The tenant and the landford must sign the list. If the tenant does not agree with the list she can sign a statement of disagreement. Keep a copy of this list.
Can
A Landlord Keep the Security Deposit if the Tenants Moved Out Without Notice?
A landlord
may keep the security deposit to cover damage to the unit and for unpaid
rent, late charges, pet fees and repair work.
What
Happens if a Landlord Wants to Keep Part of the Security Deposit Because
of Damage to the Unit?
A landlord
must return the security deposit within one month of when the tenancy ends
or when the landlord accepts the return of the unit. To keep part
of the security deposit, the landlord must give the tenant a written statement
telling the tenant why it is being kept.
May
a Security Deposit be Used for Normal Wear and Tear?
No, it
cannot be used for normal wear and tear, as long as the tenant was not
at fault or careless. An accident that is the tenant's fault is not normal
wear and tear.
Do the
Remedies Under the Security Deposit Law Apply to a Tenant Who Does Not
Have a Written Lease?
Yes, they
apply unless the landlord is exempt. Most of this law does not cover a
landlord who with a spouse and minor children owns 10 or less units. If
someone else manages the property, however, the law covers this landlord.
However, all landlords must return the security deposit. They must do this within one month of the time the tenancy ends or explain to the tenant in writing why they are keeping it.
Is There
Any Interest on My Security Deposit?
The Georgia
security deposit law does not require interest on security deposits. It
doesn't prohibit interest either. Your lease should cover this issue.
What
Can I Do if My Former Landlord Refuses to Return My Security Deposit?
A tenant
may take the landlord to court for the security deposit. The tenant may
seek three times the amount wrongfully held unless the landlord is exempt
from tile security deposit law. Each county has a Magistrate Court.
This is type of small clamins court. You do not need a lawyer.
This brochure gives general information only. Act immediately if you receive court papers. Time may be running out. Please get a lawyer to discuss your individual case.
You may have additional rights if you live in government-funded housing.
Georgia Legal Services does not have enough lawyers to handle all tenant cases. Georgia Legal Services staff may give you helpful information if they cannot handle your case. They also may refer you to a private attorney.
The Georgia Legal Services Office listed above is the office serving your area. Call this office for assistance.
TDD 1-800-255-0056
Georgia
Legal Services
161 Spring
Street, N.W., 5th Floor
Atlanta,
Georgia 30303
(404)
656-6021
(800)
498-9469
Landlord-Tenant
Helpline
(404)
657-0651 Atlanta
(800)
369-4706 Georgia