Am I entitled to my deposit being refunded?

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Am I entitled to my deposit being refunded?

If I gave my landlord a 30 day notice in 10/10 to move out. The notice contained items on the property that’s broken and cannot be used and he asked me to give him some time to fix them; I gave him 3 months (01/11) but nothing got done. I decided to move out at the end of January. Can he keep my deposit?

Asked on February 14, 2011 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you broke the items (and "you" includes family members, or guests, workers, animals, etc. under your control), then the landlord is entitled to charge you for their repair and/or replacement. You may ask the landlord to show your proof of any costs--e.g. repair estimates, receipts, invoices, etc. The landlord may not charge you for his own time in attempting to fix them. If you did not break them and are not responsible for them, the landlord should return your deposit, less any amount taken out for unpaid rent (if any). Or if the landlord did fix them so they're not broken--and he did it himself--all he could charge you for is any materials cost. If the landlord will not return your deposit when he or she should, then you may sue the landlord for its return. So whether or not the landlord needs to return your deposit, and how much of it, depends on the situation.


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