How much you want to protect yourself and if you want to see ANY of your deposit back depends on how thoroughly you want to do this:
44-7-6.
Where no time is specified for the termination of a tenancy, the law construes it to be a tenancy at will.
Since you did not sign anything, you are a tenant at will, and only 30 days written notice is sufficient for you, and 60 days must be given from the LL... He can't just kick you out...
44-7-7.
Sixty days' notice from the landlord or 30 days' notice from the tenant is necessary to terminate a tenancy at will.
Write him a letter stating your names, address, unit(if applicable) City, etc. and state that you are giving him 30-days notice as required by GA statute 44-7-7, and what date you will be moving out on. If you want to move on April 1, you need to have it to him by March 1...
Another CRRR letter to send is your forwarding address... MAKE SURE to send him the forwarding address of where you expect your security deposit, and any future correspondence... This is VERY important... the LL may try to say that you left no forwarding address, and they have a right to keep your security deposit after 90 days and a reasonable effort to locate you...
Send him another CRRR letter stating that any/all conversations with him whether it be via phone, oral, or chance encounter will be null and void and ANY agreement between the two parties MUST be in writing and signed by both you and him, and ALL correspondence MUST be via USPS... If he tries to call you and brings up the issue simply state put it in writing to me and I'll look it over... This protects you from him telling the judge(if you get that far) that you agreed to something over the phone last week - he-said, she-said type thing...
Send another CRRR letter stating under GA statute 44-7-31 he must disclose the name, location, and the account number of where your security deposit is being held... And if he failed to deposit the monies into an escrow account as outlined, you are entitled to 3X the deposit amount under GA statute 44-7-35
44-7-35.
(a) A landlord shall not be entitled to retain any portion of a security deposit if the security deposit was not deposited in an escrow account in accordance with Code Section 44-7-31 or a surety bond was not posted in accordance with Code Section 44-7-32 and if the initial and final damage lists required by Code Section 44-7-33 are not made and provided to the tenant.
(b) The failure of a landlord to provide each of the written statements within the time periods specified in Code Sections 44-7-33 and 44-7-34 shall work a forfeiture of all his rights to withhold any portion of the security deposit or to bring an action against the tenant for damages to the premises.
(c) Any landlord who fails to return any part of a security deposit which is required to be returned to a tenant pursuant to this article shall be liable to the tenant in the amount of three times the sum improperly withheld plus reasonable attorney's fees; provided, however, that the landlord shall be liable only for the sum erroneously withheld if the landlord shows by the preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error which occurred in spite of the existence of procedures reasonably designed to avoid such errors.
44-7-31.
Except as provided in Code Section 44-7-32, whenever a security deposit is held by a landlord or his agent on behalf of a tenant, such security deposit shall be deposited in an escrow account established only for that purpose in any bank or lending institution subject to regulation by this state or any agency of the United States government. The security deposit shall be held in trust for the tenant by the landlord or his agent except as provided in Code Section 44-7-34. Tenants shall be informed in writing of the location and account number of the escrow account required by this Code section.
Deciding a move out date...
Send yet another CRRR stating you request for a move-out inspection. You do not have to set one now, but you are informing him that you want to be present which is your right...
When it gets closer to the move out date, send the LL another CRRR letter stating the dates and times you will be available for a walk out inspection, and that you will be surrendering your keys to him on that date, and be pretty free about it... obviously one date and time is not as good as 4 or 5.... If the LL calls you and orally gives you a date and time, and if that time works for you, send a CRRR letter back to him stating something to the likes of: per our telephone/oral conversation dated 01/20/05, a move out date for 3/20/05 at 5:00 P.M. was set, and I hope to see you there....
Cleaning:
Take LOTS of pictures!!! you may not think it's a big deal, but it is... Get a camera that has a date stamp on it... If the camera does not have a date stamp, make the first shot of EVERY roll a picture of the front page of the daily newspaper with the date clearly visible... Take pictures of EVERYTHING!!! open ALL the drawers, cupboards, oven door, cabinets, Fridge door, etc. and take pictures of the inside... Additionaly take wide panoramic pictures of the living room, kitchen, bathroom, etc... Take close-ups if you need it... If you have a film camera, have a notepad and label what picture 2 was eg; Roll 1, Pic 3-inside oven door, Pic 4-upper cabinet interior... etc...
This is the BEST evidence that you left the place clean. You do not have to tell the LL you were taking pictures, it might be a pleasent surprise when you show them to the judge if you get that far...
After you move out the LL must do an inspection within 3-business days... Any and ALL claims he has against your secudity depost must be in writing to you. Within 5-business days of the termination, you have the right to inspect premises armed with the compiled list the LL has, and ascertain the accuracy of the list. If something is wrong, you do NOT have to sign the list. But you must write down on a separate paper what you believe is wrong, sign that paper and give it to the LL... If you feel there is a non-valid claim to the list, you can take him to court only for that item to try and recover the amount held from the security deposit...
44-7-33.
(a) Prior to tendering a security deposit, the tenant shall be presented with a comprehensive list of any existing damage to the premises, which list shall be for the tenant's permanent retention. The tenant shall have the right to inspect the premises to ascertain the accuracy of the list prior to taking occupancy. The landlord and the tenant shall sign the list and this shall be conclusive evidence of the accuracy of the list but shall not be conclusive as to latent defects. If the tenant refuses to sign the list, the tenant shall state specifically in writing the items on the list to which he dissents and shall sign such statement of dissent.
(b) Within three business days after the date of the termination of occupancy, the landlord or his agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within five business days after the termination of the occupancy in order to ascertain the accuracy of the list. The landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If the tenant refuses to sign the list, he shall state specifically in writing the items on the list to which he dissents and shall sign such statement of dissent. If the tenant terminates occupancy without notifying the landlord, the landlord may make a final inspection within a reasonable time after discovering the termination of occupancy.
(c) A tenant who disputes the accuracy of the final damage list given pursuant to subsection (b) of this Code section may bring an action in any court of competent jurisdiction in this state to recover the portion of the security deposit which the tenant believes to be wrongfully withheld for damages to the premises. The tenant's claims shall be limited to those items to which the tenant specifically dissented in accordance with this Code section. If the tenant fails to sign a list or to dissent specifically in accordance with this Code section, the tenant shall not be entitled to recover the security deposit or any other damages under Code Section 44-7-35, provided that the lists required under this Code section contain written notice of the tenant's duty to sign or to dissent to the list.
