Landlord will not return deposit because she deduct $5000 from the selling price

[iseeta]

Recently my husband and I moved out of a house we were renting because the owner had sold the home. She only gave us 30 days to move out. She only showed the house to her friend once while we were living in the housethe next week she called us and told us that they wanted to buy the house. They closed on the house they closed on the house the day before we moved out and the landlord told me to give the keys to them the next day after we moved out, because they owned the house now. I texted the landlord the next day to ask her when would we be getting our deposit back and she informed us that she was not going to give us our refund back because she had to deduct $5000 form the selling price of the house because we painted the walls in the house and for stains on the carpet that was there when we moved in.
We did paint the walls because she gave us free will to do what ever we wanted to do to the house including painting because she had not been able to do so and she was in need of someone to rent the house so she could pay her mortgage. She did not do a move in inspection nor did she do a move out inspection. I turn the keys over to the new owner she never came to see the house to state anything was wrong. Over the two years we stayed there and she came in and we talked about different things she complimented me on the painting and never said that we did not have her permission. I have not recieved a letter form her about why she is keeping my deposit.
I moved out on March 19, 2010 and I am suing hear for my deposit. Do I have a case and does she have a right to hold my deposit because she sold the house.

 

[army judge]

You have a case.

Everyone has a case.

Can you win is the better question?

How much is the deposit?

Did you have a written lease?

If you had a written lease, what did it say about move out time and notice?

When was the written lease supposed to expire (if you had one)?

In what state did this transpire?

Is all of your rent paid in full?

 

[iseeta]

You are asking a lot of questions and not giving any advice. I told you everything that was needed in order to give sound advice about my case. i don't need to answer anymore questions. If you have any legal knowlegde or information on the case please share.

 

[Gail_in_Georgia]

Before you stick your foot in your mouth answering army judge, you might want to review his/her credentials.

At any rate...in Georgia a landlord has 30 days to return a tenants security deposit or provide information as to why they are not receiving either the full amount back or a portion of this. This time has now passed and you can certainly consider filing a lawsuit against the landlord for the amount you believe you are fairly owed. Such cases are typically handled through Magistrate/Civil Court in Georgia (our version of Small Claims) as this court hears monetary cases up to $25,000.

Do you have a case? Perhaps. Typically such notices regarding security deposits must be in writing; from your posting it appears your landlord verbally told you that you were not getting your security deposit back and you've never received any statements documenting why the security deposit has not been returned.

If you go ahead with the lawsuit, your landlord will argue that the security deposit was held for damages above normal wear and tear (i.e., the stains in the carpet). Can you prove that the stains were there when you moved in? Do you have written documentation that you can provide to the court that your landlord allowed you to paint?

In addition, keep in mind that "small time" landlords (i.e., those that own 10 or fewer rental units) in Georgia are not required to undertake either move in or move out inspections.

Gail

 

[army judge]

You are asking a lot of questions and not giving any advice. I told you everything that was needed in order to give sound advice about my case. i don't need to answer anymore questions. If you have any legal knowlegde or information on the case please share.

I am unable to provide you a proper answer unless you answer my questions.
I have the legal knowledge you seek.
Strangely, I've mysteriously forgotten the answers.
Isn't that odd?
Good luck in getting your money back!!!

 

[iseeta]

I didn't think I put my foot in my mouth as you say by stating that I had answered the question previously. To answer Army Judge questions. The amount of my deposit was $900. Yes I did have a written lease. I had to give the landlord 30 days it did not stated for the landlord but from my research a landlord is suppose to give the tenant 60 days if they end the lease. The lease was to expire in January of 2011. I live in Georgia and yes the rent was paid in full.
My question is more that if you sold the house before it was ever vacated how can I be the reason you sold it for $5000 less than you wanted to. Not to mention the fact that a year before thar she had brought a real estate agent by the house one day to just look at the outside of the house and she told her she would have to sell the house for less or make some improvements to the house and because she couldn't afford either she decided not to put the house on the market.
I do not have documentation showing that the stain where in the carpet before I moved in but I know that it is not $900 worth of stains in the carpet seeing that the carpet in the house is the original carpet when the house was purchased over twenty year ago. the FMV of this carpet is much les than $900 and certainly less than $5000.

 

[army judge]

I didn't think I put my foot in my mouth as you say by stating that I had answered the question previously. To answer Army Judge questions. The amount of my deposit was $900. Yes I did have a written lease. I had to give the landlord 30 days it did not stated for the landlord but from my research a landlord is suppose to give the tenant 60 days if they end the lease. The lease was to expire in January of 2011. I live in Georgia and yes the rent was paid in full.
My question is more that if you sold the house before it was ever vacated how can I be the reason you sold it for $5000 less than you wanted to. Not to mention the fact that a year before thar she had brought a real estate agent by the house one day to just look at the outside of the house and she told her she would have to sell the house for less or make some improvements to the house and because she couldn't afford either she decided not to put the house on the market.
I do not have documentation showing that the stain where in the carpet before I moved in but I know that it is not $900 worth of stains in the carpet seeing that the carpet in the house is the original carpet when the house was purchased over twenty year ago. the FMV of this carpet is much les than $900 and certainly less than $5000.

This is very interesting and enlightening.
This is why lawyers ask so many questions.
We want to give you the best answer possible.
This time my suspicions were correct.
Had you asked this, before you moved, you would be a very happy person by the time you read my entire response.

You had a lease that did not expire until January, 2011.
You did not have to give up your leasehold for any reason, until 2011, as long as you kept doing what you were doing.
That is simply paying your rent on time and being a good tenant.
Your right to use of the property was inviolate and superior, to all others until January, 2011.

You did not have to move or vacate the home until, January, 2011.
The landlord had the right to ask.
You had the right to refuse.
If the landlord wanted you out before January, 2011, there is nothing legally that she/he could have done to have you removed!

Now you're curious, aren't you?
How could she get you out?
Easy, she could have offered to BUY you out!
At what price, you're asking?
At whatever price you both agreed upon.

She could say, if you leave in 30 days, I'll pay you $1,000.
You could say no, but I'll leave in 60 days for $4,000.
She could counter with, 45 days for $2,000.
You could have said, 45 days for $3,500, plus my $900 security deposit.
She might have said yes.
You should then have gotten everything in writing, as an addendum to the original lease.

You did none of that.
You just voluntarily left, because she asked.
You gave her your valuable leasehold.
She made a profit on the sale of her home, with no regard to your legal right to the use and enjoyment of the property until, 2011!
You, on the other hand, made nothing!
You gave everything to her, for FREE!

You didn't have to do anything.
She was either dumb, or dumb like a fox.
Now, she's screwing you out of your deposit, after forcing you out of your home.

I'd sue her.
Tell the entire story to the court, and the court might rule in your favor based on the principle of equity.

I think I've demonstrated my legal knowledge and prowess.
I only wish, for your sake, that you had asked me this before you complied with your landlord's entreaties!
I enjoy helping people that are having legal difficulties.

 

[Gail_in_Georgia]

iseeta...

For information sake, the required 60 day notice the landlord must provide only involves tenancy at will leases (i.e., month to month leases) in Georgia.

As army judge has pointed out, your landlord had the right to ask you to move and you had the right to refuse. If you had refused, your lease would simply have "rolled over" to your new "landlord" (the new owner).

Your lawsuit should focus on suing for lack of written notice on the status of the security deposit within the time frame required by the state of Georgia.

Gail

 

[iseeta]

Thank you so much for this information Army Judge and Gail I do appreciate both of you. I would have consulted with you before I moved if I knew about this website. I consulted a few law offices here and no one gave me this information they just told me, we had to move. Is there anywhere I can locate the information concerning the at will lease and the landlord required to give tenant 60 days. I would like to know that for future references.
No one has addressed the $5000 am I liable for that because she is contersuiting me for that?

 

[army judge]

Thank you so much for this information Army Judge and Gail I do appreciate both of you. I would have consulted with you before I moved if I knew about this website. I consulted a few law offices here and no one gave me this information they just told me, we had to move. Is there anywhere I can locate the information concerning the at will lease and the landlord required to give tenant 60 days. I would like to know that for future references.
No one has addressed the $5000 am I liable for that because she is contersuiting me for that?

It will be a stretch, but the judge might hear it on equity, alone.

You can counterclaim against her for the nine months of your lease that she bullied you into giving up, and failed to compensate you for so that she could make the sale of her home.

The judge might call it a wash.