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Hi! I'm in need of some assistance and I appreciate any thoughts and answers that may be provided.
My lease ended over a week ago, however my landlord (LL) never arranged a move out inspection with me. According to Georgia's law (O.C.G.A. §44-7-36) the LL is required to complete this inspection within 3 days of my moving out. This was never completed and has not been mailed to my new address that I provided to her.
Now, my LL does not own 10 properties which is a condition of the law mentioned above. Her not owning 10 or more properties means that the 3 day move out inspection is not required for her to complete. However, my lease states that I would receive a move out inspection within 3 days. My question is; does she have to adhere to the lease or does the fact that she doesn't own 10+ properties override what is stated in the lease about the move out inspection?
The reason I want to know is because I want to ensure that I receive all of my security deposit back. My understanding of the law is that if she doesn't provide me with the move out statement within the appropriate time outlined by the law, then that means that I am entitled to all of my deposit back regardless of anything (i.e. damages, etc.), correct?
landlords regardless of the number of units they own, must return the remaining security deposit to the tenant within one month after termination of the lease or surrender and acceptance of the premises, whichever occurs last.
I don't think a move out inspection (with renter) is required if less than 10 units. Bottom line, the landlord is going to do an inspection without the renter...to decide if any deductions from the security deposit. Then the landlord will send notice of the details to the former renter within 30 days.
Does the lease or the law say that the inspection will be done with the tenant present? We do our walkthroughs without the tenant there and call the tenant if there is an unexpected problem.
My lease states that the inspection must be completed within 3 days and that I must be provided with a list of damages/concerns within 5 business days. Neither of these have occurred. Here is what GA's tenant law reads:
Within three (3) business days after the tenant vacates, or a reasonable time after the landlord discovers the tenant vacated, the landlord must inspect the unit and prepare a list of all damages and the estimated dollar value of such damage. The landlord must sign the list and provide it to the tenant. The tenant is entitled to inspect the premises within five (5) business days after the termination of their occupancy. The tenant must sign the move-out inspection list or specify in writing the items in dispute. It is best for the tenant to schedule to be present at the move-out inspection with the landlord. If the tenant does not dispute or challenge the damage listed on the move-out inspection, the tenant cannot contest the landlord’s withholding of the security deposit to cover the damage. It is very important for a tenant to carefully read the move-out inspection report.
I know that the law states that a move out inspection is not required if a landlord owns less than 10 properties, however, my lease states that the LL would comply with the move out inspection, but she hasn't. What I'm hoping to have answered is if she is required to adhere to the move out statement since it is in the lease.
If the state laws say the LL must do it, the LL is violating state law if they don;t and judges will ding them on that alone. (Plus for tenant)
If the law says a LL must do it, but not required if under X units, and they didn;t do it, judges will not enforce that part of the law because it does not apply. (plus for landlord)
If your lease say the LL must do it, the LL is violating the lease if they don;t and judges will ding them on that. (Plus for tenant)
If your lease doe not require the LL to do it, the LL is not violating the lease if they don;t and judges won;t consider it at all. (Plus for landlord)
So if the law says A it's A.
if the law doesn't say A but the lease says A, its still A.
If the state laws say the LL must do it, the LL is violating state law if they don;t and judges will ding them on that alone. (Plus for tenant)
If the law says a LL must do it, but not required if under X units, and they didn;t do it, judges will not enforce that part of the law because it does not apply. (plus for landlord)
If your lease say the LL must do it, the LL is violating the lease if they don;t and judges will ding them on that. (Plus for tenant)
If your lease doe not require the LL to do it, the LL is not violating the lease if they don;t and judges won;t consider it at all. (Plus for landlord)
So if the law says A it's A.
if the law doesn't say A but the lease says A, its still A.
I agree with that, the landlord signed the lease agreeing to it and is bound to it. If the landlord delivers a belated list of damages and tries to withhold part of your security deposit for them, you would probably prevail in court if it becomes necessary for you to sue in small claims court to get your deposit back.
Yeah, the judge usually goes by the policy of:
Either state, federal or local law OR whatever the lease says.
Whichever is the most restrictive.
The lease can't make you give up your rights, but it can introduce new restrictions as long as they don't violate any law. That sounds like what this is doing. So the landlord should have to abide by it.
However, if the lease also doesn't spell out any penalties, I don't know what you would accomplish in court. I would wait and see what you get back for deposit and then deal with it if you have to after that.
If the state laws say the LL must do it, the LL is violating state law if they don;t and judges will ding them on that alone. (Plus for tenant)
If the law says a LL must do it, but not required if under X units, and they didn;t do it, judges will not enforce that part of the law because it does not apply. (plus for landlord)
If your lease say the LL must do it, the LL is violating the lease if they don;t and judges will ding them on that. (Plus for tenant)
If your lease doe not require the LL to do it, the LL is not violating the lease if they don;t and judges won;t consider it at all. (Plus for landlord)
So if the law says A it's A.
if the law doesn't say A but the lease says A, its still A.
This is what I was looking for! Thanks PacificFlights! Well, in another two weeks it will be 30 days and I have yet to hear from my LL regarding my deposit or the move out report. I have called and sent texts, but have yet to receive a response from her.
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