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  1. #1
    Join Date
    Jun 2018
    Posts
    2

    Default Landlord is Demanding Payment Without Providing Proof that Damage Occurred

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

    Dear legal experts

    I moved out of an apartment in Georgia. The move-out inspection was done by them offline without me being around. The leasing office contacted me approx 2 weeks after I moved out asking me to pay for carpet stains repair/replacement.

    As I was certain that I left the carpet clean, I told them I would be ready to pay and requested them the pictures. They were unable to find the pics during the phone call and cited to revert. The next day, I received an email citing that they were unable to find pics but they shared the invoice from a 3rd party vendor showing a charge of $200 for carpet repair/replace for some stains (it was hard to read the writing).

    I responded over email to them referring to my discussion the day earlier and also surprise on what they were referring to... and asked them to look up the photos so that I understand what I am paying for. Later, I also dropped an email to them asking them to respond as I haven't got a response. However, I just received a letter from collections agency citing that I owe around $300 plus.

    Please let me know how I am supposed to respond? Also, I don't know if it is LEGAL and FAIR on the leasing office not to show any evidence of the damage (leaving just an invoice from their vendor) and demand money from me? What I should do so that it doesn't impact my credit score?

    Also as additional information, it's just 7 days between the email received from leasing office and the date on letter from collection agent. Don't know if there is any minimum window that the leasing office should have given me?

    Appreciate your inputs.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Demanding Penalty Without Proof

    Hindsight is 20/20 but you would have been better served to have had the carpets professionally cleaned, kept a receipt, and photographed every inch of the premises yourself.

    You haven't mentioned security deposit. Did they hold back your deposit and ask for $200 in addition or was there no deposit, just the bill?

    If there was no deposit held back, then the security deposit law doesn't really apply.

    https://law.justia.com/codes/georgia...r-7/article-2/

    "Evidence" is for courts.

    Collection agencies don't rely on "evidence" they rely on surprise and fear and the trashing of a credit score to get people to pay.

    If you want "evidence" you will have to sue your landlord in small claims court.

    Trouble with that is that you will be up first and will be expected to show that you cleaned the carpet before you left and that it didn't need to be professionally cleaned.

    Then the defendant will get his turn and if he does have photos of the dirty carpet, you lose.

  3. #3
    Join Date
    Jun 2018
    Posts
    2

    Default Re: Demanding Penalty Without Proof

    Thanks, there has been no security deposit. An extension question, is there no minimum duration that the land lord should wait for the payment to be cleared before sending it for collection?

  4. #4
    Join Date
    Apr 2018
    Posts
    100

    Default Re: Demanding Penalty Without Proof

    It would depend upon the contract with the collection agency. There is no law that governs how old a debt must be to be turned over to collections.

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