Can my landlord keep my security deposit?

[abelard29]

Does anybody know the laws in georgia concerning security deposits? We have found our landlord another tenant who is going to be paying their own deposits. I thought our landlord would be able to keep ours because we are leaving early but checking up on it it looks like we are entitled to it. What I found says that we are responsible for the rent until another family moves in. well if anybodys dealt with this would you let me know?
oh and it will be two weeks before the new tenant is able to move in. If we move out now are we responsible for that two weeks? Rent is due on the 1st of the month and the new place we found is available in two weeks. i was going to stay with family until then but could we stay the extra time and call it even or prorate the rent? Also what do you do with the time the landlord needs to get the place ready for the new tenant? The carpets were never cleaned when we moved in and she says she will clean them and get appliances for the new family. btw the security is half a months rent.
***sorry one last thing. there were things wrong with the place when we moved in which my husband addressed to her..every little thing was pointed out. I guess im worried because the lady seems money hungry. We were tornado victims and desperate to find a place to rent. for the area the price already seemed a little step. for example we purchased our own appliances because there werent any. the people taking up our lease are also tornado victims and i almost feel like she has price gouged.

[fyfe]

It's called supply and demand and prices are based on that. No one gave me any help when there were easy loans for everyone to buy a house and half of my duplex sat empty for three months. Then came the realization that people couldn't afford what they bought and now everyone is looking for apartments again. The more people that are looking, the higher the rent goes. This is a business and a lot of hard work for very little return. You must know that as everything rises that includes our insurance and taxes and the cost of maintenance and repairs. That is always reflected in what is asked for rent.
You should always document any problems or any discussions with your landlady with a follow up letter referring to the conversation and the outcome and when. You send it return receipt and save the letter and the receipt. You take pictures of problems and if you can date them, do so.
I don't know the laws in Georgia but I can assure you that your deposit covers more than rent you don't pay. If you break a lease, you can be subject to all sorts of releasing fees and acceleration of rent. If you signed the lease..you agreed to it. Leases are binding for the term of the contract. You move out early and there will be charges for that too. Your deposit also covers any damages or repairs that are needed above normal wear and tear.
I do know that most leases and all month to month tenants need to give notice of moving at least 30 days in advance. I also know there are laws about double dipping...collecting rent from the tenants that have moved and a new tenant.
So you need to find out just what all is being deducted from your deposit. I'm in Texas and I can look up property code on my state's web site under statutes. It is simple and direct here but read each word carefully and don't assume what something means. Here you can only deduct actual damages from a tenants deposit...that means actual money spent that you have receipts to prove. Nothing can be deducted for loss of rent or your time...but know if you owe rent or fees or any late payment fees, it will be deducted under another statute. You need to learn yours so try to find them or find someone that can direct you to them.

[macquaid35]

To begin with, it sounds like you have a lease which you're in the middle of. If there are not 'outs' in the lease, such as a fine plus one month's rent, then you are correct that you are responsible for the rent through the end of the lease or until the unit is re-rented. The landlord cannot collect rent for the same time period from two different parties. Since you have someone to move in you would not be responsible for any new months.

I do think it is reasonable, however, that the landlord make sure the place is in proper shape for the new tenants. This would be on your dime since it is vacant time which he is not collecting rent from anyone. At the end of a lease that is his problem, but you're breaking the lease which makes it your problem.

So your landlord could keep some of the deposit for the time between your tenants. He can, of course, also keep some or all of the deposit for damages/cleaning.