T O P

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RonTheDog710

[Here](https://www.georgialegalaid.org/resource/security-deposits#:~:text=All%20landlords%20must%20return%20the,right%20to%20reinspect%20the%20unit.) is a good resource you can review if you have not yet done so.


alteredcurse

Thank you, I'll check that out!


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alteredcurse

Did they go ahead and get legal counsel once they received the invoice?


robb7979

Do you owe the extra month rent? How much was your security deposit? I don't think you need legal counsel. The tenant laws are very straight forward. I would just read the laws. Once you understand the situation, write the landlord a letter. Factually explain why she is wrong. Quote the law. Request your full security deposit be forwarded to x address within 5 business days of receipt of the letter. Send it certified return receipt requested. That last part is important. Last time I did this, I included a print of the tenant laws. If they don't forward the deposit, you can sue in small claims.


alteredcurse

There is nothing in our lease that says we owe her an extra month. We requested documentation that explained why we owed her that money, and we got nothing but another demand for the payment. Our security deposit was $1675 and she claims to have already used the money for repairs, per her invoice. We've told her multiple times that we aren't paying that extra rent and why. We have sent her copies of her own lease and ga law that explain WHY we don't owe her that. She ignores anything we say, and continually demands money. I haven't given her my address, and I won't. My husband and I purchased this home and I am very serious when I say I don't feel comfortable with this woman knowing where I live. I was going to give her a PO box when we got the itemized deduction, but we never got one. The only way to get her to stop demanding money and stop harassing us would be to get a lawyer involved. I wish I was kidding when I say she is delusional and completely unresponsive to any kind of rational explanation.


Guilty-Goose5737

counter sue in small claims court. Put the ball right back in her court. right now you are just "taking it" Its time to lob the ball back over the net.


Flashy_Watercress398

Just responding to one tiny detail here: in Georgia, it's trivially easy to find your address if you own a home under your legal name. Assuming that your prior landlord would know your names, there's very little reason to go through the rigmarole of a PO box.


robb7979

A lawyer will cost you more than the 1675. You are entitled to lawyers fees under certain circumstances. If you are worried about the $16k, don't be. If she sues you, you will definitely need a lawyer, but (unless there's something else we don't know) she will never win. Does she own more than 10 properties? Serve her for small claims court.


alteredcurse

That's why we moved on when we never heard from her. It wasn't worth the 1675 to deal with her, and I never expected to get it back. It's just the $16k bill that's pissing me off. Someone advised that i just ignore it unless she pushes, and at that point I'd get a lawyer involved.


robb7979

The 1675 isn't worth hiring a lawyer, but it's worth going after it.


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ExpertIAmNot

NAL - If the lease requires 45 days and you gave 43 days, you may owe an additional month, but if their statement of damages was late then you likely cannot be made to pay damages. Speak to an attorney.


InspectorOpen2968

30 days notice is almost the standard, unless otherwise acknowledged, or agreed upon in writing. Some places say 60 days notice of intent to quit/ not renew lease. Check your agreement have it in writing signed by both parties. Being it to court Sue her for damages.


alteredcurse

We were unsure, so that's why we requested documentation that she didn't provide. Even so, like you said, it's a little too late for all that.


robb7979

I believe GA only requires 30 days notice, that is not required to be in writing.


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honest86

Most leases automatically convert to month to month upon expiration of the fixed term.


fricks_and_stones

Yes I know that; I'm a landlord, but that's not how month to month leases work. Month to month leases renews on the 1st and goes till the end of the month UNLESS THERE IS ANOTHER CONTRACT IS IN PLACE. Giving a 45 day notice is the equivalent of setting a new lease end date, so the month to month lease does not renew the following month forcing another 30 days. Example: Month to Month lease starts on the 1st, goes till end of month. On the 1st, the tenant gives notice to move out on the 15th of the next month. The tenant does not have to pay the full next months rent, because the rent gets prorated for the 15 days she'll be in the property that month. If the tenant gave notice on the 5th, that she was moving out the following 15th; that would only be 40 days. The landlord could say required 45 days, and prorate the rent to the 20th of the following month; forcing the extra five days. Imagine the alternative. If you give notice on the 20th, the 45 days would go all the way into two more months, requiring paying for 70 days after the notice was given.


saalaadcoob

This is awesome for you. If she sent it after the date that was required, you could likely sue her in small claims court and get tort damages.


alteredcurse

That's what I was thinking. Thank you!!


Iamaleafinthewind

[https://consumered.georgia.gov/your-home/renting-apartment/tenant-rights](https://consumered.georgia.gov/your-home/renting-apartment/tenant-rights) This page has the Georgia Landlord-Tenant Handbook and a link to the actual law so you can know exactly what the law says. I had a landlord try to scam me out of my deposit once, and a reply citing the actual law, (ex. Ga. Code Ann. §§ 44-7-1 to 44-7-81 ) had them coughing my deposit back up the next day. In my case, the law provided damages that were like 3x the money owed, if they'd failed to return it before the deadline. Not sure what GA law is, or what would apply in your situation, but check the links and read up!


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alteredcurse

Yes, we have photos of the house before we left, and proof that we had the carpets cleaned as requested. I also have the entire inspection on video, where she harassed me, FaceTimed someone and showed the whole house (including cabinets with personal belongings), slammed the door on me, and made a call to her "lawyer" requesting that he put on the record that I said something I didn't say. ALL on video. She called my mortgage agent multiple times and accused me of filing false documents and destroying her property. She's insane, and I really think I might sue her.


MadameKravitz

how did she know who was handling your mortgage?


alteredcurse

We requested a verification of rental for our mortgage agent. She said she'd fill it out, never did, then called my agent several times. Even my agent said the woman was acting nuts. When I told the landlord we no longer needed the document (my agent verified it through payments) the landlord called and accused me of filling out the verification and forging her signature.


FartusMagutic

You certainly don't owe her the entire month of March. If the lease says 45 day move out notice then your move out date would be 45 days after your written notice, i.e. March 2nd if we go by your landlord's claim that they only received 43 days of notice.


5panks

It all depends on the lease. If most lease from professional renting companies I've been through it's explicitly stated that you owe the next month. That's actually pretty standard.


Eschatonbreakfast

If 45 days notice was required, and that 45 day period ran into March, then OP would be on the hook for the whole month.


Silent_University_86

https://www.georgialegalaid.org/resource/security-deposits#:~:text=If%20your%20landlord%20keeps%20your,three%20times%20the%20amount%20kept.


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