Tenant reports illegal renting to condo association

[ztell]

Hey everyone, I need some help. I own a condo in Atlanta and the association limits the amount of condo's that can be rented. I was put on the waiting list, which has not moved for 2 years, so I rented the property to a tenant that knowingly signed a lease for a property that did not have rental permission. The lease was signed as a roomate lease and therefore would abide by the condo bylaws. The tenant's lease is up at the end of October so I asked if I could show the place to future tenants as now I was granted a hardship permit. The tenant refused and told the condo association that she was renting the property illegally. The condo association contacted me and revoked the hardship permit and therefore I cannot rent the property and may face a fine. I also found out from neighbors she has a dog, which was not on the lease and it specifically said no pets. I wanted to know what I can do about this legally, the revoking of the permit, the fine, the security deposit? Can I keep the security deposit? She also know refuses to call me back and only communicates through email and acts like she didnt do anything. Please help. The condo association says there may be a 13,000 fine along with loss of the permit means I will lose at lease another 13,000 for the next year and who knows what more.

Thanks,

 

[Gail_in_Georgia]

You cannot keep the tenants security deposit unless, after she moves out, you find damage above normal wear and tear. In other words, you cannot attempt to keep her security deposit out of retaliation for her reporting you as renting the unit out illegally.

Gail

 

[ztell]

The question I have about the security deposit is in regards to the dog that was not part of the lease and is a violation of the lease. Thank you for the responce.

 

[Gail_in_Georgia]

What damage did the dog do to the rental unit?

Gail

 

[jharris352]

I would think you can keep a portion of the security deposit that would have been charged had a dog been declared up front. Two hundred Fifty is about the going rate. This is whether the dog did any damage at all. The tenant won't be able to prevail in any suit against you because she comes to the court having breeched the contract herself. The tenant can not lie and deceive to get past a "dog deposit" and then avoid paying it once she is caught. A Judge will allow you to take part of the security deposit with no damage just on that strength alone. That having been said, your "normal wear and tear" has to be looked at from the perspective of a dog having been there. In other words you can't keep $250 as a dog deposit and then keep more because of normal carpet cleaning to have been expected with the presence of a dog. No double dipping.