He did a move out inspection stating everything w/ok on list & sign/dated it

[jenniejengin]

I asked my landlord for a pre-move out inspection which he agreed. I told him that if there is nothing wrong with the house, let that move out constitute final move out. I left two bags in there so that he can not say that I completely moved out. We did the move out inspection and he signed/dated the list stating everything was ok, I took my two bags out. He verbally stated that I would give my full deposit back since there was nothing wrong with the unit. We did an extensive move out, leaving nothing un notice. He did everything to open/shut all windows, checking all outlets, walked around outside of the house, turned on heat/air & all lights, fans, checked all cabinets, made sure the keys worked & garage door opener, flush toilets, ran the water for slow leaks & made sure hot/cold worked, walls, floors, carpet, ran the dishwasher, microwave, turned on oven and pilot lights on stove, opened refrigerator, you name it, he did it. Mind you, this is not the kind of move in that he did with me. This took us about close to two hours to perform cause I had to go make copies of the move out list for him. As I was leaving out, about 5 people were coming in to view the property and said nice/clean beautiful house, I said yes it is. When I got back they were leaving. He assured us that everything was ok. 2 days later he sent me an email, which was last night stating that him and his mother will be keeping partial of my security deposit for damages. #1. Crack tile in kitchen. #2. Front door damaged (inside handle and dead bolt). #3 Front door damaged (outside handle and dead bolt). #4. Front door damage (door jam). #5. Broken garage screen (left side window). #6. Charcoal dumped on the front lawn. #7. Oil stain in driveway from auto mechanical work (from my boyfriend). #8. Oil stain in driveway from auto mechanical work (from my boyfriend). #9. Oil stain in driveway from auto mechanical work (from my boyfriend). He has $1250 of my security deposit and he said he we be keeping $300 of it, giving me back $950. In my move in list it states oil stain in driveway. On the move out list you can see that he clearly checked the door because he put on the list, minor paint damage but ok. I cleaned that house to the T. I have it on Video tape and pictures. Shampooed carpets which he did not do when I moved in, touch up paint which they did not do when I moved in, which both are stated in the lease. Window locks broke which I repaired b4 I moved out. I was not going to give him any leg to stand on in trying to keep my security deposit, so I did things that was not even my responsibility. Something told me he was going to try & keep my money, because a month b4 moving out he came by to do an inspection and stated that the only problem he had was the door handle was loose and I told him that nothing that a screw driver can't handle & he said the garage smell like oil...I had to laugh at that one & told him that you are kidding me.

 

[mightymoose]

You should write the landlord a letter demanding the full refund and advise that you will sue if he doesn't comply within about 10 days or so.
You have a signed and dated inspection that does not mention these things. Had these items been brought to your attention prior to your move out then you would have had opportunity to fix the discrepancies. He can't add damages after the fact and not give you opportunity to fix it.

If the landlord does not comply then you can file small claims. You should be successful. It will not matter if the door was actually damaged, etc... what matters is that you did a very thorough inspection, he signed off, and then charged you for additional damages not in the report. Surely you would have been able to remedy these problems for far less than he is charging.

 

[jenniejengin]

That is exactly how I feel, that if there was damages that he was going to claim, I would have fixed them myself, that is why I asked for a pre move out inspection. I knew that he was going to knit pick, that is why I made sure everything was in satifactory condition. I cleaned the house and gave it back to him with no repairs so that it would not be hard to rent it out fast. I also believe the people that he had looking at the home moved in already. I moved out on Monday. He texted me Tuesday asking me what utility company I used for my electric company. I gave him that information, then Wednesday night he hit me with damages he claimed. He was trying every avenue to try to keep some or all of my money.

I did email him back and told him that I expect all of my security deposit and will do all neccessary measures to get all of it. I said you claim that you are keeping partial of my security deposit for damages, well when do you plan on giving me what ever part you intend to give me and he said you will get $950 by the 28th of October. I was under the impression that once they sign off on the move out, they must give you your security deposit right away. He is intentionally holding my money. He is a real estated agent and did the lease on Georgia real estate forms. The home belongs to his mother and he represent her as her agent. Me and my daughter are agents as well and he cheated/tricked us out of our commission upon move in.

 

[Gail_in_Georgia]

Your understanding that once the inspection is done the landlord must immediately provide you with your security deposit is incorrect. Each state gives a landlord additional time to reinspect the unit (in Georgia information/funds on the final status of the security deposit must be provided to the tenant within 30 days of the lease ending or the tenant vacating the rental unit).

It's not unusual that additional damage above normal wear and tear is found after the final walk-through. Thus, this additional time period gives the landlord a chance to determine what repair costs will be.

Again, if you disagree with what you will eventually receive you do what has already been suggested; write (not email) the demand letter, keeping a copy for yourself and consider filing in Magistrates court (Georgia's version of Small Claims) if you do not receive satisfaction after doing this.

Gail

 

[jenniejengin]

He is refusing me the right to go into the home to view the damages, which I do not really feel is neccessary to see, because we have everything on video and pictures. We all know that the damages that he is claiming is not anywhere near $300.00. He has not giving me an itemize deduction of the cost to repair & the opportunity to dispute or fix them myself. The reason for the pre move out was to repair any damages that he may claim. He tricked me out of the unit stating everything was ok, just to give possession of the unit to the new tenants which they already took possession of. Is it safe to say that being that he has already told me what he is deducting, can I go to the magistrate already to file claim or do I have to wait the 30 days out? Do the 30 days start from the day he took possession or the day the lease was suppose to end, which was yesterday?

 

[jenniejengin]

Now that I asked to go into the home, he said that he will have no more correspondence with me. He stated that he will not let me in to see the damages.

 

[mightymoose]

You won't want to make your claim until you actually receive your refund- it will be at that time that you have actual damages (if you are shorted). You should receive an itemized list of deductions with your refund.
You are no longer a tenant so he does not have to let you back into the home. However, if you have photos of the things he says are damaged and these photos dispute his claims, then you might have a good chance of getting some of your money back. The landlord will have to explain why these damages were not included in such a thorough inspection, and will have to account for your photos which apparently prove no damage. He will also have to justify his costs for the repairs.
As said above, any correspondence should be written and mailed rather than email.
If you make it clear to the landlord that you intend to sue for these reasons you might get lucky- he just might refund the money rather than have to deal with court. In the grand scheme of things, $300 is not that significant, and it may just be easier for him to pay up. I think you have a reasonable argument to make- but a court could feel differently. The more prepared you are then the better off you are.

 

[jenniejengin]

This morning I went by the house to view the damages on the outside, because I knew that tenants were already living there from the unitlity companies. It was to my suprise to find the landlord there. If he is claiming damages, do you think that I have the right to view them. I took pictures of all that I was able to see today on the outside (with todays newspaper w/date). He stated that he already fixed the front door, which if he fixed a door, why do it have the same locks and all accessories to it? He also stated that the tenants are not going to let me in to see the floor damages. My guess is, there is no damage to repair.

 

[Gail_in_Georgia]

No; there is no law in Georgia that says he has to let you in; in fact, since your lease has expired you might consider yourself lucky that the landlord didn't get angry and claim that you were now trespassing. Things would really escalate if you show up again.

It would not be a good idea for you to attempt this again. You have your documentation regarding the condition of the rental unit at moveout. This is the evidence you present to the court should this end up in a lawsuit.

In the meantime, wait to see what occurs when he sends you the security deposit. You have no case right now in regards to a lawsuit.

Gail

 

[jenniejengin]

I thought that in GA he have 5 days to let me see the damages from the date that he sent me the damages. He is his mothers representative. He represented her throughout the whole lease. I paid him the rent, he did all the inspections and everything. She hired him to work for her. I do not know if she pays him to do it though. He is not on the mortgage at all. He is a real estate agent and is on active statis for Keller Williams.

Don't by law, he has to give me 5 days to view the damages. His company (Keller Williams) probably manage rental properties. He never sent me an itemize copy of the lease stating the cost of damages individually. He just told me that he would be charging me $300.00 so far. Can he still go in there and claim damages, my guess is no, because he already have tenants in the home? As a real estate agent, you must do all real estate in the name of your company, even leasing and management, unless you get authorization from your broker to do different.

 

[army judge]

Can he?

Isn't he?

 

[jenniejengin]

He can't - his reason being that he has already moved people into the unit.

He isn't - according to him because he says the new occupants would not let me inspect the damage.

All of which I am under the impression was done deliberately to deny me my right to inspect and fix anything he considered to be damage I was accused of doing. He signed the move out inspection and everything was checked off as okay no damages at the end of the inspection with me, then 2.5 days later he recanted and seemingly moved people in quickly to deny me my 5 day inspection. In fact within minutes of signing the pre-move out inspection the very same tenants were at the door to look at the unit and were very anxious calling him at least twice during the move out inspection. Had he said there was damage, I would have fixed any damages as I still had three days left on my lease. The now move out inspection would have only been a pre-move out inspection which is what we agreed to, then the unit re-inspected again to clarify any issues before signing it as a move out inspection.

 

[Gail_in_Georgia]

This is likely the Georgia statute you are looking for (it is Georgia statute 44-7-33):


(b) Within three business days after the date of the termination of occupancy, the landlord or his agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within five business days after the termination of the occupancy in order to ascertain the accuracy of the list. The landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If the tenant refuses to sign the list, he shall state specifically in writing the items on the list to which he dissents and shall sign such statement of dissent. If the tenant terminates occupancy without notifying the landlord, the landlord may make a final inspection within a reasonable time after discovering the termination of occupancy.



However, note that some landlords are exempt from this statute (those that own 10 or fewer rental units) as outlined in the attached:


O.C.G.A. § 44-7-36


GEORGIA CODE
Copyright 2010 by The State of Georgia
All rights reserved.

*** Current through the 2010 Regular Session ***

TITLE 44. PROPERTY
CHAPTER 7. LANDLORD AND TENANT
ARTICLE 2. SECURITY DEPOSITS


O.C.G.A. § 44-7-36 (2010)

§ 44-7-36. Certain rental units exempt from article


Code Sections 44-7-31, 44-7-32, 44-7-33, and 44-7-35 shall not apply to rental units which are owned by a natural person if such natural person, his or her spouse, and his or her minor children collectively own ten or fewer rental units; provided, however, that this exemption does not apply to units for which management, including rent collection, is performed by third persons, natural or otherwise, for a fee.

HISTORY: Code 1933, § 61-607, enacted by Ga. L. 1976, p. 1372, § 6.

Gail

 

[jenniejengin]

I read your statment, but having a hard time figuring out if he has to abide by the rule because he is a 3rd party in the matter. His mother own the home. I do not know if she hired him financially to do it, or he is just doing it for the love of it.

 

[army judge]

I read your statment, but having a hard time figuring out if he has to abide by the rule because he is a 3rd party in the matter. His mother own the home. I do not know if she hired him financially to do it, or he is just doing it for the love of it.

The mother or her crooked son, acting as her agent, does she own 10 rental properties?

If she doesn't, Gail is telling you that she's exempt from the statute you cited.

If she owns 11 rental properties, the statute applies.

Either way, you'll probably never see that $300 you expected. You'll have to sue someone to try and get it. He or his mom don't appear anxious to give it to you!