urbaned1908
New Member
My jurisdiction is: Georgia
I recently returned a portion of a security deposit to a tenant. I began renting to the tenant in 2007 and in the first year, the tenant violated the lease by having a pet. I allowed the tenant to keep the pet, but with a pet deposit. After the tenant signed the next lease (an additional 6 months) I found out there was another person living there that had not applied. I only found this out because I happened to move back to the subdivision in a different unit and noticed a lot of cars. I had a property manager, so I called her and asked her about the number of cars. She confirmed that there was an additional person living there (though she says she did not know). Given that the tenant was about to move out in about a month at that point, I didn't make it an issue - I was planning to move back in very soon. But the additional person living there was a clear violation.
I was not present during the tenant's move-out inspection, although I tried to be. I was scheduled to meet her (the tenant) and the property manager, but when I showed up for the move-out inspection, no one showed. About 2 hours later, the property manager called me and told me that her husband (the property manager's husband) and the unauthorized tenant who was not on the lease did the move-out inspection earlier that morning. I was not notified of the time change. So I missed the move-out inspection, although the property manager had scheduled it and informed me originally. I had also confirmed the time and date of the move-out inspection, so I was puzzled that the property manager did not let me know about the time change.
I went in later and found that the house, while not structurally damaged, was not clean. The carpet was dirty and had a lot of hair embedded in it. Surfaces had not been thoroughly cleaned (dirty mirrors, dirty counters, debris on floor, etc.). Lots of mildew in the shower. The refrigerator was, as a friend of mine put it, "nasty." (I took pictures of all of this). So I charged back a cleaning and carpet shampoo to the tenant. Long story short, the tenant was very angry because she felt the place was clean. She is now threatening legal action. She wants all of her deposit back.
To further complicate matters, I noticed that there seem to be fleas in the unit (I have moved back in). Through some due diligence, I learned (from my neighbors), that there were actually two dogs. The unauthorized tenant had a dog as well.
I'm wondering if I have a case for billing my former tenant for the second dog. Basically, I'm concerned I might have to do some sort of flea treatment. Also, I'm wondering if she has a "case" against me. The property manager's husband and the unauthorized tenant signed the move-out inspection, saying there were no issues. So the tenant thinks she has grounds for being refunded the full deposit. But as far as I'm concerned, the move-out inspection did not happen. The husband was not my property manager and the person there was not my tenant.
Is it reasonable to bill my tenant a pet deposit for the second pet - or bill her for flea treatment?
Does a move-out inspection form signed by an unauthorized tenant (and the husband of my property manager) constitute a legitimate document that would hold up in court?
I recently returned a portion of a security deposit to a tenant. I began renting to the tenant in 2007 and in the first year, the tenant violated the lease by having a pet. I allowed the tenant to keep the pet, but with a pet deposit. After the tenant signed the next lease (an additional 6 months) I found out there was another person living there that had not applied. I only found this out because I happened to move back to the subdivision in a different unit and noticed a lot of cars. I had a property manager, so I called her and asked her about the number of cars. She confirmed that there was an additional person living there (though she says she did not know). Given that the tenant was about to move out in about a month at that point, I didn't make it an issue - I was planning to move back in very soon. But the additional person living there was a clear violation.
I was not present during the tenant's move-out inspection, although I tried to be. I was scheduled to meet her (the tenant) and the property manager, but when I showed up for the move-out inspection, no one showed. About 2 hours later, the property manager called me and told me that her husband (the property manager's husband) and the unauthorized tenant who was not on the lease did the move-out inspection earlier that morning. I was not notified of the time change. So I missed the move-out inspection, although the property manager had scheduled it and informed me originally. I had also confirmed the time and date of the move-out inspection, so I was puzzled that the property manager did not let me know about the time change.
I went in later and found that the house, while not structurally damaged, was not clean. The carpet was dirty and had a lot of hair embedded in it. Surfaces had not been thoroughly cleaned (dirty mirrors, dirty counters, debris on floor, etc.). Lots of mildew in the shower. The refrigerator was, as a friend of mine put it, "nasty." (I took pictures of all of this). So I charged back a cleaning and carpet shampoo to the tenant. Long story short, the tenant was very angry because she felt the place was clean. She is now threatening legal action. She wants all of her deposit back.
To further complicate matters, I noticed that there seem to be fleas in the unit (I have moved back in). Through some due diligence, I learned (from my neighbors), that there were actually two dogs. The unauthorized tenant had a dog as well.
I'm wondering if I have a case for billing my former tenant for the second dog. Basically, I'm concerned I might have to do some sort of flea treatment. Also, I'm wondering if she has a "case" against me. The property manager's husband and the unauthorized tenant signed the move-out inspection, saying there were no issues. So the tenant thinks she has grounds for being refunded the full deposit. But as far as I'm concerned, the move-out inspection did not happen. The husband was not my property manager and the person there was not my tenant.
Is it reasonable to bill my tenant a pet deposit for the second pet - or bill her for flea treatment?
Does a move-out inspection form signed by an unauthorized tenant (and the husband of my property manager) constitute a legitimate document that would hold up in court?
