My landlord lives in Florida, but his rental property is in Georgia. How can I get my deposit back if he refuses to return it?

He did not take into consideration normal wear and tear and there was no damage to the property.

Smyrna, GA -

Attorney Answers (3)

Ikemesit Amajak Eyo

Ikemesit Amajak Eyo

Family Law Attorney - Atlanta, GA

If more than thirty days have passed since the day that you vacated the premises and your landlord either did not return your security deposit, or withheld too much, then you can file a complaint for return of the deposit that was wrongfully withheld. If your landlord does not fall within an exception, you may be able to receive up to three times the amount withheld.

While complaints are usually filed in the state and county where the defendant lives, there are some exceptions. Landlord/tenant complaints are one such exception. Thus, you can file your request for return of your deposit in the county where the rental property is located.

I hope this information helps answer your question(s).

~ Kem Eyo

The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... more
Wesley Kent Hill

Wesley Kent Hill

Estate Planning Attorney - Atlanta, GA

Security deposits can be a sticky issue. Normal wear and tear is a relative concept so the more proof you have the better. It is always a great idea to take pictures of the property at the time of move in and at the time of move out. Most cameras will date the pictures automatically if that function is working. I would first write a demand letter requesting your deposit or at least an accounting. If you do not agree with the landlord's assessment, sue for a return of your deposit in small claims court. You do have some leverage if the property owned is in Georgia.

Good luck. I know how frustrating this can be.

Wes Hill

This response does not create an attorney client relationship nor should the advice be relied upon because it is... more
Robert A. Stumpf

Robert A. Stumpf

Bankruptcy Attorney - Staten Island, NY

I would think you could sue him in Georgia for the money, but it might not make sense to do so, depending on the size of the deposit.

This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help... more

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