Disclosure: Sarah Gehring is a member of Athens Politics Nerd and donates $5 a month to keep us running. You can also become a member here.
If you’ve rented a house or apartment in Athens for any length of time, chances are you’ve come across a landlord who refuses to make repairs or who charges high cleaning fees when it’s time to move out, even if the apartment was dirty when you moved in. These landlords might keep part or even all of your security deposit, leaving little or nothing for you.
Many of us have been in that situation at one time or another, and even though it can be frustrating, we usually let our landlords get away with it. Since these kinds of abuses are so common, it may be easy to forget that renters do have rights in Georgia! According to Sarah Gehring, an Athens attorney focusing on tenants rights, landlords can’t just take your security deposit for any reason they want.
“The security deposit is there to protect the landlord in case you mess up the property. It’s not there to cover their ordinary costs of business,” Gehring told APN.
In fact, if your landlord tries to keep your deposit wrongfully, you might be able to sue them to get back three times the amount of the deposit, plus legal fees!
Still, it’s rare for renters to challenge their landlords like this, and even when they do, it can be hard to find a lawyer. Despite the number of tenants rights violations that are probably happening on a regular basis in a town like Athens, Gehring says they know of very few attorneys in the area who regularly take this kind of work.
Making matters worse, Georgia Legal Services, a nonprofit which offers free legal services to Georgians with low incomes, doesn’t take these kinds of cases at all.
“As of the last that I was aware, Georgia Legal Services was only taking eviction cases, in terms of landlord-tenant relations,” Gehring said.
That’s because Georgia Legal Services’ top priority when it comes to landlord-tenant relations is, understandably, keeping people in their homes. Gehring, who used to work at Georgia Legal Services, feels that they have no choice but to prioritize their efforts and pick only the most dire of cases. There are also legal restrictions on federally-funded legal aid organizations taking any kind of case that generates attorney’s fees, Gehring said, which makes it challenging for them to pursue cases like security deposit theft, even if they had the resources to do so. That leaves a gap in legal representation for most people that unfortunately allows landlords to continue to neglect and exploit tenants without repercussions.
Frustrated with the limitations of nonprofit work, Gehring chose to leave their job with Georgia Legal Services in January and started their own practice, Gehring at Law.
While Gehring at Law will take many kinds of tenants rights cases, from helping people get their landlords to make necessary repairs to helping tenants avoid eviction, they want to focus primarily on security deposit cases. It’s in these cases that Gehring feels the law most clearly provides true protection for tenants in Georgia.
Additionally, Gehring’s practice also has a social justice mission which they see as crucial.
“I’d like to focus on security deposits so that this firm is regularly returning money back to the community, a little bit at a time,” Gehring said.
As mentioned above, a successful security deposit claim will provide triple the amount of the deposit to the former tenant, while also forcing the landlord to pay Gehring at Law’s fee.
For initial consultations, Gehring at Law is currently on a “pay-what-you-can” model, so they will work with you to find a price that fits your budget. “I’m still working out the kinks of the consultation system, because most people who have a question about their lease probably won’t end up in court,” they said. “But I also need work that could go to court so that I can pay my own bills. I’m hoping pay-what-you-can will work.”
You can check out Gehring’s website at https://www.gehringatlaw.com/.
How to get your security deposit back
There are a few exceptions to these rules in Georgia law, see below.
1 – Do include all damages on your move-in form.
Your landlord generally must give you a comprehensive list of damages to the apartment before you move in, according to Gehring. Read this list carefully and thoroughly inspect your apartment, adding any damage not listed on the move-in form as needed. Your landlord can’t hold you responsible for any damage listed on this form. If you aren’t given this list when you move in, your landlord can’t keep any part of your security deposit to cover these damages.
2 – Don’t sign the move-out form if you have any doubts
Your landlord generally must also give you a move-out form, listing every damage which they want to charge you for. If you feel you shouldn’t be charged for something, don’t sign the form! It may be tempting to take whatever part of the security deposit your landlord is willing to give you, but if you do that, you might lose the right to the remainder of your deposit. So, don’t sign the move out form or cash any check the landlord gives you for a partial return of your deposit before you talk to a lawyer.
What about normal wear and tear?
Landlords can’t deduct the cost of normal wear and tear from your security deposit in Georgia. Damage caused by abuse or negligence is the only damage you have to pay for. That can include damage caused by pets, or something broken in an accident. But you don’t have to pay for stuff like worn carpets or fading paint. If they try to charge you for normal wear and tear, don’t sign the form or cash any checks, but do seek out the help of an attorney.
3 – Do give a valid address
To avoid any mixups, give your landlord a valid address so they can mail your deposit. Your landlord is required to send the check to your last known address. If that check doesn’t get to you because of a bad address, it’s not your landlord’s fault.
Your landlord has 30 days from the time you move out (or the time your lease expires, whichever happens later) to return your deposit. If you don’t get it after 30 days, talk to a lawyer. If you wait 90 days or more, in some cases you may forfeit your right to get anything back (but do talk to a lawyer before giving up your claim).
*There are some exceptions to these rules, mostly when dealing with small landlords. But if your landlord is a corporation, if they own 11 or more rental units or if the landlord pays any third party for property management services, then these rules apply. That should cover the vast majority of rentals in Athens.
One thought on “How to win back your security deposit”
Interesting. When is the tenant eligible for triple “damages”? And.. if only the security deposit is returned, what is your fee (both with a court appearance, and without (assuming the letter or phone call alone did the trick????)