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I have had (and posted about) numerous issues with my (former) landlord. We ended up finding another tenant to sign a new lease, so we signed an early termination agreement. I was officially out of the lease at the end of September 30th. The early termination fully spelled out that the same 30 day terms apply as far as returning the security deposit, etc. (Same literature from original lease)
The last couple weeks leading up to the end of the lease, I tried to get in touch with my landlord several times about setting up a time for a joint walk through to look at the house together. He made a couple vague promises, but he never showed up to the house and always found a reason to ignore my emails, texts, and voicemails.
I gave my keys to the new tenants the morning of Oct 1. (I know normally I'd want to refused to give up posession until he came for the walk through, but the early termination was contingent on transferring posession to the new tenants)
Now, out of the blue, the landlord emails me and said he is waiting for the walk through notes from the NEW TENANTS in order to determine how much of the security deposit would be returned. I immediately emailed back and said that is unacceptable. The house was never in perfect shape, and the new tenants have no idea how much BETTER the place is now then when we moved in. (We have made $500 worth of improvements in the condition. Of course he still hasn't gotten back to me on that.
We have pictures and documentation of move-in condition. At this point, should I write a demand letter stating that I want to walk through it with him? (I have confirmed with new tenants that they are fine with this) Or should I just wait until he inevitably sends me a lowball deposit check with a BS excuse and prepare for Small Claims court?
His proposal to have the new tenants conduct a walk through and provide him with "notes" is simply bizarre. You did take move-out photographs as well, didn't you?
I wouldn't get back in touch with the LL. Wait for him to return your security deposit and, if he fails to do so (or deducts from it) within the time mandated then just file your claim against him. It sounds as though you have more than sufficient documentation to prove your case so get it all in order and be prepared. Good luck!
His proposal to have the new tenants conduct a walk through and provide him with "notes" is simply bizarre. You did take move-out photographs as well, didn't you?
I wouldn't get back in touch with the LL. Wait for him to return your security deposit and, if he fails to do so (or deducts from it) within the time mandated then just file your claim against him. It sounds as though you have more than sufficient documentation to prove your case so get it all in order and be prepared. Good luck!
Thanks for the feedback. Yes we have move out photographs. We also have a great relationship with the new tenants and they have told me I am more than welcome to get back into the house if I ever need to in case I missed taking a picture from a specific angle, etc.
Judging by you past posts, you live in Atlanta.....
In the state of Georgia, a landlord has three days after a tenant terminates occupancy to inspect the unit for damages. The landlord must make a list of damages and the approximate cost to repair them. The landlord must provide the tenant with this final list of damages. This list must also make it clear, in writing, that the tenant must agree to the damages listed or dissent to the claims.
Within five days of terminating occupancy, the tenant has the right to inspect the property with this list. If the tenant signs this list, he or she is agreeing to the damages listed. If the tenant refuses to sign the list, he or she must write out the items they disagree with and sign a statement of dissent. The tenant may take the landlord to court to recover the cost of any damages they have indicated they disagree with in their statement of dissent. If a tenant has not signed a statement of dissent, they forfeit their right to recover any money withheld from their security deposit as listed in the final damage notice.
If a tenant does not give a landlord notice before they move out, the three day inspection notice is lifted and the landlord must only inspect the unit within a “reasonable time†after they discover the tenant has moved out.
Last question on this...the security deposit is for $1,050. If he sends me something for say $750, (which is about as much as I'm expecting, if not less) should I go ahead and deposit the $750 and then pursue the rest or not deposit the check until everything is setlled?
Only reason I ask is because getting ANYTHING from him without a fight is going to be a small miracle so wrapping up the portion he sends would be nice unless it will hurt my case otherwise.
Judging by you past posts, you live in Atlanta.....
In the state of Georgia, a landlord has three days after a tenant terminates occupancy to inspect the unit for damages. The landlord must make a list of damages and the approximate cost to repair them. The landlord must provide the tenant with this final list of damages. This list must also make it clear, in writing, that the tenant must agree to the damages listed or dissent to the claims.
Within five days of terminating occupancy, the tenant has the right to inspect the property with this list. If the tenant signs this list, he or she is agreeing to the damages listed. If the tenant refuses to sign the list, he or she must write out the items they disagree with and sign a statement of dissent. The tenant may take the landlord to court to recover the cost of any damages they have indicated they disagree with in their statement of dissent. If a tenant has not signed a statement of dissent, they forfeit their right to recover any money withheld from their security deposit as listed in the final damage notice.
If a tenant does not give a landlord notice before they move out, the three day inspection notice is lifted and the landlord must only inspect the unit within a “reasonable time†after they discover the tenant has moved out.
Well he has already missed the boat on the 3 day inspection. We will undoubtedly miss the 5 day inspection with the list since he hasn't inspected, provided a list, or made plans to inspect with the new tenants.
Should I write a demand letter for the final list of damages or should I keep quiet and use his lack of follow up as more to build my case if I have to go to small claims?
If he sends you less and you deposit the check, that is accepting the offer (I believe). If you write on the back of the check something like "I do not accept the terms of this check as full settlement" you can deposit it. However, I am not a lawyer, just watch a lot of People's Court!
I am trying to figure out which option to pursue. (A) Stay quiet and see what he sends me as far as a statement and deposit return. (B) Write a demand letter that we follow Georgia Landlord-Tenant law and do the inspection plus final checklist.
I'm leaning towards B, but I'm also worried that it would put him in a worse mood and would only make him fight harder.
I was considering sending the following email and I hope to hear some feedback on whether or not to send it:
XXXX,
First off, I am not upset with you personally. I know we are all busy and this was a strange situation but it appears everything has happened according to plan with my lease ending and XXXX's starting up.
According to your email, you are using information from XXXX's move-in walkthrough to determine my security deposit. According to our signed lease and Georgia Law, this is not how the process should proceed. (New Tenant) did not see the premises when I took posession and will not be able to tell what conditions were pre-existing. Here is the quote from the lease:
"Lessor or Lessor’s agent shall inspect the Premises and compile a comprehensive list of any damage done to the Premises. Lessor and Lessee shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If Lessee refuses to sign the list, Lessee shall state specifically in writing the items on the list to which Lessee dissents and shall sign such statement of dissent."
This is a quote directly from the Georgia Landlord-Tenant Handbook provided by the State of Georgia Department of Community Affairs. It outlines the process required as well as the timeline. It specifically states that you should be the one to conduct the walk through, and I should have the chance to see the written statement of repairs and dispute or sign. We are already beyond the three business day time period: "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 letter you propose sending looks fine but I'd eliminate the first paragraph. Strictly business at this point. Personally I wouldn't bother with him any more but ...
Send it via certified mail return receipt. If for any reason he refuses the letter and it's returned to you do NOT open it, just put it to one side as this will be court evidence that delivery was attempted.
If he sends you a cheque you can actually deposit it unless it says anything on it about it being a final disbursement but it's better that you just hang onto it.
The letter you propose sending looks fine but I'd eliminate the first paragraph. Strictly business at this point. Personally I wouldn't bother with him any more but ...
Send it via certified mail return receipt. If for any reason he refuses the letter and it's returned to you do NOT open it, just put it to one side as this will be court evidence that delivery was attempted.
If he sends you a cheque you can actually deposit it unless it says anything on it about it being a final disbursement but it's better that you just hang onto it.
On that note, is it even necessary that I send this at all? The law is the law and the lease is the lease. Do I have the burden of proof that I tried to arrange all this? It seems like the fact that he isn't taking the proper steps will be proof enough if it comes down to a small claims court situation.
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