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  1. #1
    Join Date
    Aug 2015
    Posts
    1

    Default Landlord is Holding the Security Deposit After Not Finding Replacement Tenants

    My question involves landlord-tenant law in the State of: Georgia

    When our lease was ending last year, we told our landlord that we would like to renew for 8 month and that we would be moving out at that time (June 2015). We received a renewal on our lease agreement and both parties signed the renewal document.

    We have a clause in our lease stating that that we were to give 60 days written notice to move out otherwise the lease renews for one year with the same terms. Admittedly, we only gave around 40 days notice, and our landlord called us to discuss. Since we were leaving in the beginning of summer, he was fine with us leaving and paying for 2 months rent instead of 6 months (early termination requires forfeit of half of lease terms rent). He also stated that if he can find a tenant to rent our property in July or August, we would not have to pay for those months. This was discussed over the phone.

    We moved out at the end of June. We did not get a move out check list of charges/ damages from the landlord. Through email, we asked if they had found tenants for the property for July or August and they replied that they have not- so we have continued to pay for the 2 additional months (July, August) as agreed in May.

    We then emailed them for the status of our security deposit and did not get a reply. Then, we saw a charge on our tenant statement for repair work that we should not be accountable for. We emailed again to let them know that we have not received our deposit yet and that we would like to dispute the charge for repair work since we never saw the move out list.

    We've tried calling and emailing them multiple times over this issue and have not gotten a reply. What can I do at this point?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Landlord Holding Security Deposit

    Quote Quoting runner9037
    View Post
    My question involves landlord-tenant law in the State of: Georgia

    When our lease was ending last year, we told our landlord that we would like to renew for 8 month and that we would be moving out at that time (June 2015). We received a renewal on our lease agreement and both parties signed the renewal document.

    We have a clause in our lease stating that that we were to give 60 days written notice to move out otherwise the lease renews for one year with the same terms. Admittedly, we only gave around 40 days notice, and our landlord called us to discuss. Since we were leaving in the beginning of summer, he was fine with us leaving and paying for 2 months rent instead of 6 months (early termination requires forfeit of half of lease terms rent). He also stated that if he can find a tenant to rent our property in July or August, we would not have to pay for those months. This was discussed over the phone.

    We moved out at the end of June. We did not get a move out check list of charges/ damages from the landlord. Through email, we asked if they had found tenants for the property for July or August and they replied that they have not- so we have continued to pay for the 2 additional months (July, August) as agreed in May.

    We then emailed them for the status of our security deposit and did not get a reply. Then, we saw a charge on our tenant statement for repair work that we should not be accountable for. We emailed again to let them know that we have not received our deposit yet and that we would like to dispute the charge for repair work since we never saw the move out list.

    We've tried calling and emailing them multiple times over this issue and have not gotten a reply. What can I do at this point?
    Sue him in small claims court for the return of the deposit.

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