What to do if my landlord didn’t do a move out inspection but just said that he would be sending me what’s left of my deposit and refused to tell me how much he deducted from it?

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What to do if my landlord didn’t do a move out inspection but just said that he would be sending me what’s left of my deposit and refused to tell me how much he deducted from it?

It has been over 30 days and he has not returned my deposit or given me a list of damages. If I take him to small claims court will I win?

Asked on June 13, 2015 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Whether you win will depend on the facts: the landlord is entitled to retain some (or all) of your deposit to pay for damage done by you, your family, and your guests. If the landlord can prove that you did damage equaling or exceeding the amount of your deposit, he'll win; if you take him to small claims court and he can't prove that, you'll get some, or possibly all (if there was no provable damage) of your deposit back.


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