Question about security deposit fees (lease, lawyer, house) - Atlanta - Georgia (GA) - City-Data Forum

GwenyP · 12-24-2010, 03:16 PM

Can someone tell me if, in Georgia, landlords are able to deduct from the security deposit for labor done by themselves to fix damage to the property (not wear and tear, actual damage). My landlord is going to deduct $300 from the security deposit for labor he had to do to fix the drywall around the tub which was water damage from my kids playing in the tub. He's also going to charge me $120 for a carpet cleaning service because there are a few light red Kool-aid type stains in a few areas. I feel this is "wear and tear" damage.

I attempted to paint over the nail holes but didn't match the paint and the difference in paint colors is obvious. Can he charge me for this too in order to repaint it to match?

lookup138 · 12-24-2010, 04:24 PM

You may want to contact your county's civil court clerk landlord/tenant division for direction on this. Just from reading your post (I am not a lawyer or anything near one) you admit that the juice stains were of your family's doing as well as the water damage. Landlord's require security deposits specifically for the reasons you stated. You could try talking to your landlord to see if he would be willing to refund a portion to you but he is not obligated. Best wishes!

GwenyP · 12-26-2010, 08:07 AM

OK, so I screwed up with the damage to the bathtub's drywall and the carpet stains. But I thought landlords couldn't charge for the labor to fix things if they do the labor themselves? Doesn't it have to be a third party? He's charging me $300 for labor and it seems excessive.

plessthanpointohfive · 12-26-2010, 08:20 AM

Hi GwenyP,

If you are still living there then the landlord cannot use the security deposit to pay for repairs. He should bill you for them. The security deposit should only be billed for repairs once the tenant quits the lease.

As for labor, he can bill you for labor since he has to take time out of his day to make the repairs but the labor should not be above market value.

If I were you, I'd get 3 estimates from handymen on what it would cost to make the repairs. Then bring the estimates to him and say that you'd either pay him the lowest amount of the three or you will hire the guy to make the repairs. If the landlord refuses to agree then you would have grounds to fight for your security deposit, though it's probably not worth your time/money to do so.

lookup138 · 12-27-2010, 10:07 AM

Quote:

Originally Posted by GwenyP

OK, so I screwed up with the damage to the bathtub's drywall and the carpet stains. But I thought landlords couldn't charge for the labor to fix things if they do the labor themselves? Doesn't it have to be a third party? He's charging me $300 for labor and it seems excessive.

Have you moved from the home? In the process of moving? In the middle of a lease agreement? You will still need to contact your county's clerk of court civil division to find out the law regarding landlord/tenant issues. You may even be able to do a search for your county ex. Henry(insert your county name) County clerk of state court civil division and search for landlord/tenant. This way you get the facts and options available to you. Good luck!

GwenyP · 12-27-2010, 12:31 PM

We've already moved out, about two months ago. Did the final walk-through, etc.

The damage has been fixed and in fact the house in question has been sold since then.

GwenyP · 01-03-2011, 05:05 PM

Can anyone else offer insight to this since we've already moved out and the damage was fixed already by the landlord? I still don't think I should have to pay for his labor.

Btw the house is in Cherokee County. I tried finding the phone number of someone there that could help me but haven't had any luck.