Are there any laws governing the use of tenants' security deposits for repairs?
In Georgia, there are laws that govern the use of tenants’ security deposits for repairs. According to the Georgia Landlord Tenant Handbook, landlords must use the security deposit as a form of protection against damages beyond normal wear and tear that a tenant may cause while living in the property. A landlord must use the tenant’s security deposit to make repairs only if the damage was caused by the tenant or a guest of the tenant. Landlords cannot use the security deposit for general repairs or maintenance that the landlord should be responsible for. In order for a landlord to use a tenant’s security deposit for repairs, they must provide the tenant with an itemized list of damages that were caused by the tenant. This list should include a description of the damage, the cost of the repair, and a statement about whether the damage was caused by the tenant or a guest. The landlord must also provide the tenant with an estimate of the repair costs so the tenant can evaluate if the cost of the repair is reasonable. The landlord must then complete the repair within 30 days of receiving the security deposit and provide the tenant with proof of payment. The landlord then has to provide the tenant with a written statement detailing the amount of the security deposit used for the repairs, the cost of the repairs, and the remaining balance of the security deposit. If the landlord fails to follow the procedures required to use a tenant’s security deposit for repairs, the tenant can take the landlord to court.
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